Section II. MEDICAL AFFIRMATIVE CLAIMS ACTIONS
2-4.
INTRODUCTION
a. This lesson is not written with the intent to present legal advice. If problems of a
legal matter exist, a staff judge advocate who is qualified in the subject of law should be
contacted. However, as you read through this lesson, you will see that the legal staff does
become involved in medical affirmative claims. However, all matters of medical affirmative
claims cannot be listed in this lesson, but this lesson will present how you and the legal staff
will become involved in medical affirmative claims.
b. You will find that this section is written a little different from other lessons in this
subcourse. This section contains SITUATIONS, QUESTIONS, and RESPONSES. Before
you begin to read the SITUATION, cover the RESPONSES and then read the SITUATION
and the QUESTION. Select one of the answers then uncover the RESPONSES for the
correct answer.
2-5.
MEDICAL AFFIRMATIVE CLAIMS ACTIONS
SITUATION 1
SFC Laws, home on leave, was taking a leisurely stroll down Main Street. As he
was crossing the street at Main and Broadway (with the green light in his favor), he was
suddenly hit by a privately owned vehicle (driven by the owner). An ambulance was called
and the soldier was taken to a nearby U.S. Army hospital. The hospital administered
emergency medical treatment, and he was hospitalized for multiple injuries incurred in the
accident.
QUESTION : Who is going to pay for SFC Lawson's hospitalization and
treatment?
a. The injured party (SFC Lawson).
b. The owner of the vehicle.
c. The U.S. Government.
RESPONSES:
a. The injured party (SFC Lawson).
If you selected "a", you may be partially right. SFC Lawson may be required to
pay a portion of the hospital charges (rations). However, he would not be required to pay
other hospitalization charges.
MD0755
2-8