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1978 Army Law. 1 (1978)

handle is hein.journals/armylaw1978 and id is 1 raw text is: the army LAWYER HEADQUARTERS, DEPARTMENT OF THE ARMY Department of the Army Pamphlet 27-50-61 January 1978 Improving the Resolution of Federal Medical Malpractice Claims Judiciary Notes Quarterly Court-Martial Rates Per 1000 Average Strength Nonjudicial Punishment Quarterly Court- Martial Rates Per 1000 Average Strength Law Day 1978 Reserve Affairs Department Initiates CLE Liaison Program CLE News Collection of Local Regulations and Forms Beginning JAGC Personnel Section Current Materials of Interest Improving the Resolution of Federal Medical Malpractice Claims Lieutenant Colonel James G. Zimmerly, MC, Chief, Division of Legal Medicine, Armed Forces Institute of Pathology, Washington, D.C. Medical malpractice claims and suits against the federal government are big business and are getting bigger. Table I illustrates the number of cases awaiting a trial date in the last half of FY 76. Table II depicts the growing I number of new claims filed each year against 10 the Department of the Army. The table illus- 11 trates the tremendous growth in new claims filed over the past five years. Other federal 11 agencies have experienced a comparable in- 12 crease in new claims in recent years. There is 13 no indication that this trend will change direc- 13 tions in the near future. 16 The Division of Legal Medicine, Armed 17 Forces Institute of Pathology, estimates that 19 the federal sector made payments in excess of $18 million in medical malpractice claims in 1976. Table III illustrates the total federal payouts for malpractice claims, as well as a comparison of the malpractice claims expenses with the total federal payout in all civil litiga- tion matters for the past seven years. The Secretary's Commission on Medical Mal- practice, Department of Health, Education and Welfare (HEW) reported that an average of 77% of federal malpractice claimants whose cases were closed in the years 1967 through 1971 collected at least some money.' Payments

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