---
kind: "section"
citation: "10 U.S.C. § 2733a"
title: "10"
title_heading: "Armed Forces"
number: "2733a"
heading: "Medical malpractice claims by members of the uniformed services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2733a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 163 — Military Claims"
---

# §2733a. Medical malpractice claims by members of the uniformed services

- (a) **In General.—** Consistent with this section and under such regulations as the [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe under [subsection (h)](#h), the [Secretary](/usc/10/4951.md?p=3) may allow, settle, and [pay](/usc/10/101.md?p=a-15) a claim against the [United States](/usc/10/101.md?p=a-1) for personal injury or death incident to the service of a member of the [uniformed services](/usc/10/1072.md?p=1) that was caused by the medical malpractice of a [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider.
- (b) **Requirement for Claims.—** A claim may be allowed, settled, and paid under [subsection (a)](#a) only if—
  - (1) the claim is filed by the member of the [uniformed services](/usc/10/1072.md?p=1) who is the subject of the medical malpractice claimed, or by an authorized representative on behalf of such member who is deceased or otherwise unable to file the claim due to incapacitation;
  - (2) the claim is for personal injury or death caused by the negligent or wrongful act or omission of a [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider in the performance of medical, dental, or related [health care](/usc/10/1072.md?p=10) [functions](/usc/10/467.md?p=1) while such provider was acting within the scope of employment;
  - (3) the act or omission constituting medical malpractice occurred in a covered [military](/usc/10/801.md?p=8) medical treatment [facility](/usc/10/2700.md?p=2);
  - (4) the claim is presented to the [Department](/usc/10/101.md?p=a-6) in writing within two years after the claim accrues;
  - (5) the claim is not allowed to be settled and paid under any other provision of law; and
  - (6) the claim is substantiated as prescribed in regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense under [subsection (h)](#h).
- (c) **Liability.—**
  - (1) The [Department](/usc/10/101.md?p=a-6) of Defense is liable for only the portion of compensable injury, loss, or damages attributable to the medical malpractice of a [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider.
  - (2) The [Department](/usc/10/101.md?p=a-6) of Defense shall not be liable for the attorney fees of a claimant under this section.
- (d) **Payment of Claims.—**
  - (1) If the [Secretary](/usc/10/4951.md?p=3) of Defense determines, pursuant to regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) under [subsection (h)](#h), that a claim under this section in excess of $100,000 is meritorious, and the claim is otherwise payable under this section, the [Secretary](/usc/10/4951.md?p=3) may [pay](/usc/10/101.md?p=a-15) the claimant $100,000 and report any meritorious amount in excess of $100,000 to the [Secretary](/usc/10/4951.md?p=3) of the Treasury for payment under [section 1304 of title 31](/usc/31/1304.md).
  - (2) Except as provided in [paragraph (1)](#d-1), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
- (e) **Reporting Medical Malpractice.—** Not later than 30 days after a determination of medical malpractice or the payment of all or part of a claim under this section, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the Director of the Defense Health [Agency](/usc/10/3451.md?p=3) a report documenting such determination or payment to be used by the Director for all necessary and appropriate purposes, including medical quality assurance.
- (f) **Justification of Denial.—** If a claim under this section is denied, the [Secretary](/usc/10/4951.md?p=3) of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including—
  - (1) copies of any written reports prepared by any expert upon which the denial is based, and information regarding the qualifications of each such expert who provided an expert medical opinion; and
  - (2) all [records](/usc/10/801.md?p=14) and documents relied upon in preparing such written reports, other than medical quality assurance [records](/usc/10/801.md?p=14) (as such term is defined in [section 1102 of this title](/usc/10/1102.md)).
- (g) **Expert Medical Opinions.—** In using an expert medical opinion to evaluate a claim under this section, the [Secretary](/usc/10/4951.md?p=3) of Defense shall use the opinion of—
  - (1) an individual who is board-certified in the medical specialty with respect to that claim; or
  - (2) if the claim involves medical, dental, or related [health care](/usc/10/1072.md?p=10) [functions](/usc/10/467.md?p=1) for which board certification does not apply, an individual who is a highly qualified expert regarding the relevant medical, dental, or related [health care](/usc/10/1072.md?p=10) [function](/usc/10/467.md?p=1).
- (h) **Regulations.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations to implement this section.
  - (2) Regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) under [paragraph (1)](#h-1) shall include the following:
    - (A) Policies and procedures to ensure the timely, efficient, and effective processing and administration of claims under this section, including—
      - (i) the filing, receipt, investigation, and evaluation of a claim;
      - (ii) the negotiation, settlement, and payment of a claim;
      - (iii) such other matters relating to the processing and administration of a claim, including an administrative appeals process, as the [Secretary](/usc/10/4951.md?p=3) considers appropriate.
    - (B) Uniform [standards](/usc/10/3011.md?p=3) consistent with generally accepted [standards](/usc/10/3011.md?p=3) used in a majority of [States](/usc/10/4951.md?p=4) in adjudicating claims under [chapter 171](/usc/28/chptVI/ch171.md) of title 28 (commonly known as the “Federal Tort Claims Act”) to be applied to the evaluation, settlement, and payment of claims under this section without regard to the place of occurrence of the medical malpractice giving rise to the claim or the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) or service of the member of the [uniformed services](/usc/10/1072.md?p=1), and without regard to foreign law in the case of claims arising in foreign countries, including uniform [standards](/usc/10/3011.md?p=3) to be applied to determinations with respect to—
      - (i) whether an act or omission by a [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider in the context of performing medical, dental, or related [health care](/usc/10/1072.md?p=10) [functions](/usc/10/467.md?p=1) was negligent or wrongful, considering the specific facts and circumstances;
      - (ii) whether the personal injury or death of the member was caused by a negligent or wrongful act or omission of a [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider in the context of performing medical, dental, or related [health care](/usc/10/1072.md?p=10) [functions](/usc/10/467.md?p=1), considering the specific facts and circumstances;
      - (iii) requirements relating to proof of duty, breach of duty, and causation resulting in compensable injury or loss, subject to such exclusions as may be established by the [Secretary](/usc/10/4951.md?p=3) of Defense; and
      - (iv) calculation of damages.
    - (C) Such other matters as the [Secretary](/usc/10/4951.md?p=3) considers appropriate.
  - (3) In order to implement expeditiously the provisions of this section, the [Secretary](/usc/10/4951.md?p=3) may prescribe the regulations under this subsection—
    - (A) by prescribing an interim final rule; and
    - (B) not later than one year after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.
- (i) **Limitation on Attorney Fees.—**
  - (1) No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of any claim paid pursuant to this section.
  - (2) Any attorney who charges, demands, receives, or collects for services rendered in connection with a claim under this section any amount in excess of the amount allowed under [paragraph (1)](#i-1), if recovery be had, shall be fined not more than $2,000, imprisoned not more than one year, or both.
- (j) **Annual Reports.—** Not less frequently than annually until 2028, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on claims processed under this section that [includes](/usc/10/101.md?p=g-4), with respect to the period covered by the report, the following:
  - (1) The number of claims processed under this section.
  - (2) The average timeline for resolving such claims.
  - (3) The resolution of each such claim.
  - (4) The number of claims that were denied based on the claim not meeting one or more requirement specified in [subsection (b)](#b) (other than for not being substantiated pursuant to [paragraph (6)](#b-6)), disaggregated by each such requirement.
  - (5) Any other information that the [Secretary](/usc/10/4951.md?p=3) determines may enhance the effectiveness of the claims process under this section.
- (k) **Definitions.—** In this section:
  - (1) **Covered military medical treatment facility.—** The term “covered [military](/usc/10/801.md?p=8) medical treatment [facility](/usc/10/2700.md?p=2)” means a [facility](/usc/10/2700.md?p=2) described in subsection (b), (c), or (d) of [section 1073d of this title](/usc/10/1073d.md).
  - (2) **Department of defense health care provider.—** The term “[Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider” means a member of the [uniformed services](/usc/10/1072.md?p=1), civilian employee of the [Department](/usc/10/101.md?p=a-6) of Defense, or personal services contractor of the [Department](/usc/10/101.md?p=a-6) (under [section 1091 of this title](/usc/10/1091.md)) authorized by the [Department](/usc/10/101.md?p=a-6) to provide [health care](/usc/10/1072.md?p=10) services and acting within the scope of employment of such individual.
  - (3) **Member of the uniformed services.—** The term “member of the [uniformed services](/usc/10/1072.md?p=1)” [includes](/usc/10/101.md?p=g-4) a member of a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13) of the [armed forces](/usc/10/101.md?p=a-4) if the claim by the member under this section is in connection with personal injury or death that occurred while the member was in Federal status.

## Source credit

(Added Pub. L. 116–92, div. A, title VII, § 731(a)(1), Dec. 20, 2019, 133 Stat. 1457; amended Pub. L. 118–31, div. A, title VII, § 713, Dec. 22, 2023, 137 Stat. 302; Pub. L. 118–159, div. A, title VII, §§ 731, 732, Dec. 23, 2024, 138 Stat. 1955, 1956.)

## Notes

### Editorial Notes

### Amendments

2024—Subsecs. (a), (b)(6), (d)(1). Pub. L. 118–159, § 731(1), substituted “subsection (h)” for “subsection (g)”.

Subsec. (f)(1). Pub. L. 118–159, § 731(2), inserted “, and information regarding the qualifications of each such expert who provided an expert medical opinion” before the semicolon.

Subsecs. (g) to (i). Pub. L. 118–159, § 731(3), (4), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 118–159, §§ 731(3), 732, redesignated subsec. (i) as (j) and amended it generally. Prior to amendment, subsec. related to annual reports.

Subsec. (k). Pub. L. 118–159, § 731(3), redesignated subsec. (j) as (k).

2023—Subsec. (a). Pub. L. 118–31, § 713(1), substituted “subsection (g)” for “subsection (f)”.

Subsec. (b)(6). Pub. L. 118–31, § 713(2), substituted “subsection (g)” for “subsection (f)”.

Subsec. (d)(1). Pub. L. 118–31, § 713(3), substituted “subsection (g)” for “subsection (f)”.

Subsecs. (f) to (j). Pub. L. 118–31, § 713(4), (5), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 116–92, div. A, title VII, § 731(d), Dec. 20, 2019, 133 Stat. 1460, provided that: Effective date.—The amendments made by this section [enacting this section and amending section 2735 of this title and section 1304 of Title 31, Money and Finance] shall apply to any claim filed under section 2733a of such title, as added by subsection (a)(1), on or after January 1, 2020. Transition.—Any claim filed in calendar year 2020 shall be deemed to be filed within the time period specified in section 2733a(b)(4) of such title, as so added, if it is filed within three years after it accrues.”