Via Kaiser, members of the Armed Services are forbidden to sue for medical malpractice under the Feres Doctrine. This doctrine holds even for injury caused by gross negligence.
Meanwhile, the House in recent decades has passed several bills to allow military personnel to pursue lawsuits regarding injuries caused by improper medical care, but the legislation has failed to win approval in the Senate. In 2002, Veterans Equal Rights Protection Advocacy submitted to a Senate committee more than 150 cases in which military personnel or their families were unable to pursue claims because of the doctrine. "All we're looking for is accountability," Barb Cragnotti, legislative coordinator for the group, said, adding, "Because of that doctrine, there is no accountability"
This is truly terrible policy. Research shows that doctors aren't driven by defensive medicine so shielding military doctors from lawsuits is illogical at best. What does it say about our respect for our military if we don't hold their medical practitioners accountable?