Introduction to the Operating Room
LESSON 2: Operating Room Personnel, Policies, and Nomenclature
2-22
2-22. LEGAL CONSIDERATIONS
The number of medical malpractice cases has increased substantially in the past few years, both in the civilian and in the military sectors. Liability for medical malpractice in the military is determined under the Federal Tort Claims Act. Under that act, individuals may sue the Federal Government for the negligent acts of Federal employees who are performing within the scope of their duties or employment. The individual military medical care provider is protected from any personal liability by the Gonzales Bill (10 USC 1089) enacted in 1976, which makes the Federal Government solely responsible for the defense and payment of medical malpractice claims. While the individual service member will not have to pay any money judgment for medical malpractice, the service member may be liable for criminal acts such as negligent homicide or involuntary manslaughter.
