Data / Federal rules / 2024-10130
Medical Malpractice Claims by Members of the Uniformed Services
The Defense Department published this final rule in the Federal Register on May 10, 2024. It took effect on May 10, 2024.
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What the agency says
The DoD is finalizing amendments to apply offsets for payments made by the U.S. Government for medical malpractice claims to potential economic damages only and not to total potential damages. Under this rule total potential damages will no longer be reduced by offsetting most of the compensation otherwise provided or expected to be provided by DoD or the Department of Veterans Affairs (VA) for the same harm that is the subject of the medical malpractice claim. Instead, only economic damages will be reduced by offsetting most of the compensation otherwise provided or expected to be provided by DoD or the VA for the same harm that is the subject of the medical malpractice claim. This rule also clarifies future lost earnings may be awarded until the time DoD determines that the claimant is, or is expected to be, medically rehabilitated and able to resume employment; in cases of permanent incapacitation, until expiration of the claimant's work-life expectancy; or, in cases of death, until the expiration of the claimant's work-life expectancy, after deducting for the claimant's personal consumption.
Key facts
- Document number
- 2024-10130
- Type
- Final rule
- Action
- Final rule
- Agency
- Defense Department
- Published
- May 10, 2024
- Takes effect
- May 10, 2024
- Dates
- This final rule is effective May 10, 2024.
- Docket
- Docket ID: DoD-2023-OS-0065
- Regulation ID (RIN)
- 0790-AL70
- Code of Federal Regulations
- 32 CFR 45
- Topics
- Claims; Uniformed Services
- Significant
- Yes, under Executive Order 12866
- Pages
- 5
Other documents from the Defense Department
Everything from the Defense Department · Rules on claims · Published in May 2024
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.