"No" is not the correct response. If you think that there is no possibility of a
Government claim against the driver of the bakery truck, perhaps you have forgotten that
the accident victim is a family member of a deceased active duty member of the uniformed
services. As such, she is entitled to receive treatment at an Army MTF. The Government,
through the Federal Medical Care Recovery Act, is empowered with the right to recover the
reasonable value of medical care provided for injuries that resulted from an accident
creating a tort liability. Since the young girl, described in this situation, does not appear to
be at fault, there is a possibility of a tort liability.
Yes, there is a definite possibility of a Government claim. The Federal Medical
Care Recovery Act gives the United States Government the right to recover the reasonable
value of medical care provided (or to be provided) to individuals whose medical care is the
responsibility of the U.S. government if the injury or disease resulted from circumstances
creating a tort liability. Since the young girl does not appear to be at fault in the accident,
the circumstances suggest tort liability. As a family member of a deceased active duty
member of the uniformed services, she is entitled to treatment at an Army medical
treatment facility, as are all family members of active, retired, or deceased members of the
On 7 January 199X, Mary, a family member wife of an Army active duty officer was
driving her car to a social event at a local hotel when a yellow car ran a stop sign and
rammed her car. She was hospitalized at St. Elizabeth Hospital, Bingtown, New Mexico
for two weeks.
QUESTION : Would this family member be covered by the Federal Medical Care
c. I'm uncertain.