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DoD increases Cap on Non-economic Damages for Active-duty Member Medical Malpractice Claims to $750,000

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Today, the Department of Defense published in the Federal Register proposed updates to its regulations on how Service members can file claims for medical malpractice that may have occurred in military medical treatment facilities. Effective immediately, the Department has increased the cap on non-economic damages for active-duty Service member medical malpractice claims from $600,000 to $750,000. This change was published in the Federal Register today and applies to any pending claims.

The Department is also proposing to update the regulation to change how we offset payments to Service members made under the malpractice regulation. 

These actions are in direct response to input from our Service Members, Members of Congress, and other key stakeholders. The public has 60 days to comment on the proposed changes to the rule. Following the 60-day comment period, we will review and address comments and then publish the final rule.

All current pending claims that would be affected by the proposed changes will be adjudicated once the final rule is effective.

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