Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
The Healthcare Equality and Rights for Our Heroes Act would allow active-duty service members and reserve component members to sue the federal government for injuries or deaths caused by negligent or improper medical care at military hospitals and medical facilities. Currently, military personnel are largely prohibited from suing for medical malpractice under a decades-old legal doctrine, but this bill would change that by creating a new federal claims process specifically for these cases. The legislation applies a 10-year statute of limitations for filing claims and ensures that lawsuits cannot be reduced by veterans' benefits or military life insurance payments the injured service member has already received. The bill requires the Attorney General to report to Congress every two years on the number of claims filed, and it explicitly excludes battlefield medical facilities from coverage.
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