Military dependent victims of medical malpractice committed by armed forces personnel in the United States may sue the federal government for damages under the Federal Tort Claims Act. By statutory wording and judicial interpretations this remedy is denied dependents living abroad and recovery is limited to an administrative claim under the Military Claims Act. The author discusses the development of this legal inequity, considers its present application and offers suggestions for legislative correction.
Jane Louise Stratton,
Military Medical Malpractice: Remedies for the Overseas Dependent,
29 Hastings L.J. 589
Available at: https://repository.uchastings.edu/hastings_law_journal/vol29/iss3/5