--- description: Historically, the Feres Doctrine has prevented servicemembers from suing the military for medical malpractice. Visit our blog to see how this may change. title: Servicemembers May Attain Compensation for Medical Malpractice --- Servicemembers May Attain Compensation for Medical Malpractice # NDAA Allows Servicemembers to Obtain Compensation for Military Medical Malpractice Last Updated: November 19, 2025 Reading Time: 3 minutes Trusted Content Legally Reviewed by Allan Siegel Updated 8 months ago [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » NDAA Allows Servicemembers to Obtain Compensation for Military Medical Malpractice What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $35.6 Million Medical Malpractice $17.1 Million Medical Malpractice $5 Million Medical Malpractice $4.5 Million Medical Malpractice $600,000 Medical Malpractice [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) I would never worry again if they are on the case. Tilwanda Dofat Personal Injury They held my hand through the entire process. Meraf Mitchell They paved the way for a brighter future. Sheree Whitby I’m greeted with a hug every time I come. Sheba Halliburton Personal Injury They are always was available for any of my concerns. Teresa Morring Your office has taken care of us every step. Shyama Personal Injury ## Contact Us Today! "*" indicates required fields Name* First Last Name* Last Email** Phone*Are you a new client?*Are you a new client? *Yes, I'm a potential new client.No, I'm a current existing client.I'm neitherCase TypeCase TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOtherWere You at Fault?Were You At Fault?NoYesUnknownWhere Did The Incident Occur?Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOtherDid The Accident Occur In the Last Two Years?Did The Accident Occur In the Last Two Years?YesNoShare Brief Description of the Incident* Sheldon describes how a routine elective surgery left his wife with permanent anoxic brain injury, requiring around-the-clock care. Attorney Joseph Cammarata took the case to trial and secured a jury verdict exceeding $35 million — a record in the Commonwealth of Virginia at the time. Video Transcript **Sheldon (00:05):** In October of 2015, which we just hit our nine-year anniversary, my wife went in for elective back surgery. And the course of that surgery, the surgeon nicked a stomach artery coming from the back and it took them 22 minutes to figure out how to stop the bleeding. They didn’t know where it was coming from. So essentially my wife coded for 22 minutes, no oxygen, no blood getting to the brain, she should have died. But they finally sutured her up and she lived because she’s a fighter, but she now and then had anoxic brain injury and nine years later she still can’t perform any of the activities of daily living. She never will be able to. She’s incontinent. She requires a caregiver 24/7, and I’m that caregiver about 70% of the time. My kids were 13 and 16 at the time. So I had to kind of say, well, mommy’s not coming home from the hospital the next day, and eventually your mother’s not going to be coming home the same. **Sheldon (01:00):** So they now kind of take care of her and they don’t have a mom anymore that they knew, and I can’t replace her in that sense. Her salary and she was working at the time, was going to go to the college education and I was working. So it changed a lot of things, but primarily we just lost the person we knew to love. So at the point when I finally realized I wanted to get some legal assistance, I shopped around a little bit and then I thought about Joe and I’m glad I did. So I came to this office and we talked about the case and he was aware that she’d been injured, but didn’t know any of the details, and he looked into it and said, this is a case I want to take on. I want to help you guys. The jury voted in favor of us. **Sheldon (01:49):** The award was the highest in this Commonwealth of Virginia at the time. It was excess of 35 million. Help you address it. Do you know that I had anoxic brain interest? You do. So if I was in my shoes again or talking to someone about what they would do, I would call this firm. I think they’re really great. They’re good people. They’ve been doing this for a long time. So I just think you would get a fair shake here and you would be well treated. And it’s not, again, just attorneys. It’s a team of people behind the scenes that will help you. So I’m not being paid to give this endorsement, but I think they’re really good for. We have big news about military malpractice claims for active-duty troops. As many of you know, the American Association for Justice (AAJ) has fought for years to overturn the [Feres Doctrine](https://www.law.cornell.edu/wex/feres_doctrine), a law preventing servicemembers from suing for [medical malpractice](https://www.chaikinandsherman.com/medical-malpractice/) under the Federal Tort Claims Act (FTCA). While the Feres Doctrine was written to protect the military from having to compensate servicemembers for injuries “incident to service” (i.e. wounds from combat), it has since been used to bar them from suing the government when a military hospital fails to care for them properly. This summer, language was successfully added into the House-passed version of the [2020 National Defense Authorization Act](https://docs.house.gov/billsthisweek/20191209/CRPT-116hrpt333.pdf) (NDAA). Since then, the House and Senate have been conferencing and negotiating the differences between the house passed bill, and the Senate bill. As a result of these negotiations, the final NDAA included a compromised version of the two bills, which [just passed through Congress](https://abc11.com/health/fort-bragg-soldier-wins-fight-to-change-medical-malpractice-law/5762293/) in December and is expected to be signed into law by the President. While the NDAA will not overturn the Feres Doctrine, it will allow active-duty military and/or their families to seek redress from the Department of Defense (DOD) when they are injured or killed due to medical malpractice in military hospitals. The compromised language in the NDAA will expand recovery under the Military Claims Act to include active-duty military with medical malpractice claims from military treatment facilities. More specifically, it will create a new statutory section under the Military Claims Act that allows active-duty servicemembers to bring personal injury claims (or their surviving family to bring [wrongful death](https://www.chaikinandsherman.com/wrongful-death/) claims) against the DOD for medical malpractice by a DOD healthcare employee (uniformed or civilian) acting within the scope of their employment at a military treatment facility. **Additionally, the act will:** - Create an exclusive administrative claims process allowing active-duty military and/or their families to receive compensation when they are injured/killed from medical malpractice in military treatment facilities; - Authorize active-duty military to receive uncapped economic and non-economic damages for their injuries resulting from medical malpractice; - Permit active-duty military servicemembers to be represented by an attorney; - Allocate up to 20% of the award to cover attorney’s fees (as is the case under the FTCA); - Give the DOD the authority to create policies and procedures for processing claims, as well as uniform standards regarding duty, breach, causation, and damages for medical malpractice claims; and - Create more transparency by requiring the DOD to report the number of claims, the resolution of claims, and any other information relevant to the claims process to Congress. ## Looking Back and Looking Forward Compared to the minimal compensation servicemembers and their families could recover previously, this legislation is a significant step forward. For instance, an active-duty servicemember who was injured from medical malpractice would receive little more than a disability benefit through the VA program, so long as the injury from medical malpractice qualified for benefits. If the disability did not qualify, however, the servicemember would receive nothing. The families of servicemembers who are killed from medical malpractice would receive little more than a one-time stipend and deductible benefits, which are nowhere near the equivalent to economic and significantly noneconomic damages (e.g. pain and suffering, loss of consortium, etc.). This new legislation represents the fact that, for the first time in almost 70 years, Congress has recognized the widespread issue of medical malpractice at military facilities. Increased reporting requirements for these new claims will bring more transparency to the state of military healthcare. By allowing claims for medical malpractice to proceed under the MCA, the government has conceded that these claims are recoverable because they are not “incident to service.” While this is a historic step in the right direction, we understand that this proposal is far from perfect. Like all other Americans, active-duty servicemembers deserve the right to take their case to federal court and, if necessary, appeal any decisions made by the DOD. We have serious concerns about the DOD overseeing the entire claims process without oversight from neutral decision-makers in the federal court system. ### Contact Our Legal Team for Personalized Counsel Servicemembers choose to make incredible sacrifices to protect our rights and freedom. The Feres Doctrine undermines the respect our nation must have for our military. At [Chaikin, Sherman, Cammarata & Siegel, P.C.](https://www.chaikinandsherman.com/attorney-profiles/), we are committed to preserving our clients’ rights, and we are proud to serve military members in any way we can. Our attorneys have used our 90+ years of combined experience to recover over $1 billion for our clients, and we look forward to providing an unprecedented level of legal support for your case. [**Schedule a free consultation**](https://www.chaikinandsherman.com/contact-us/)** or give us a call at (202) 659-8600 today.** [Watch Our Video Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) ## Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. Speak to a Specialist Visit Us in Person 1232 17th St NW Washington, DC 20036 The car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including [Virginia](https://www.chaikinandsherman.com/car-accidents/virginia/)  ([Northern Virginia](https://www.chaikinandsherman.com/car-accidents/northern-virginia/),  [Arlington](https://www.chaikinandsherman.com/car-accidents/auto-accident-attorneys-in-arlington-va/), [Fairfax](https://www.chaikinandsherman.com/car-accidents/fairfax/),  [Woodbridge](https://www.chaikinandsherman.com/car-accidents/woodbridge-va/),  [Manassas](https://www.chaikinandsherman.com/car-accidents/manassas-va/),  and [Alexandria](https://www.chaikinandsherman.com/car-accidents/alexandria-car-accident-lawyers/)), and [Maryland](https://www.chaikinandsherman.com/car-accidents/maryland/)  ([Bethesda](https://www.chaikinandsherman.com/car-accidents/bethesda-car-accident-lawyer/),  [Hyattsville](https://www.chaikinandsherman.com/car-accidents/hyattsville/),  [Rockville](https://www.chaikinandsherman.com/car-accidents/car-accident-lawyer-rockville-md/),  [Laurel](https://www.chaikinandsherman.com/car-accidents/laurel/),  [Montgomery County](https://www.chaikinandsherman.com/car-accidents/montgomery-county/),  [Prince George’s County](https://www.chaikinandsherman.com/car-accidents/prince-georges-county/),  [Waldorf](https://www.chaikinandsherman.com/car-accidents/waldorf/),  [Upper Marlboro](https://www.chaikinandsherman.com/car-accidents/upper-marlboro/),  [Frederick](https://www.chaikinandsherman.com/car-accidents/frederick/),  [Bowie](https://www.chaikinandsherman.com/car-accidents/bowie-md/),  and  [Silver Spring](https://www.chaikinandsherman.com/car-accidents/auto-accident-lawyers-in-silver-spring-md/)). Top 10 Mistakes Made After an Accident Review these common auto accident mistakes to protect your rights. READ OUR E-BOOK Meet Our Team Learn More About Us Ira Sherman Partner Licensed in Washington, D.C., Maryland, and New York With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line. Ira Sherman's Bio Joseph Cammarata Partner Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. Joe Cammarata's Bio Allan M. Siegel​ Partner Licensed in Washington, D.C., Maryland, and Virginia **Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s *Top 100 Super Lawyers®* and a *Best Lawyer®* in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. Allan Siegel's Bio Stephen Ollar Partner Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. 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