b. The owner of the vehicle.
An absolute answer to this question, in this case, the owner of the vehicle may
have to pay. Cases such as this create a "tort liability" upon a third party (the owner of the
vehicle) and make it possible for the United States Government to recover the reasonable
value of medical care provided by the U.S. Army.
Remember, a "tort" is: Any wrongful act, damage, or injury done willfully,
negligently, or in circumstances involving liability but not breach of contract, for which a civil
suit can be brought. In general, the law of torts established standards to govern the private
relationship between individuals.
c. The U.S. Government.
Even though SFC Lawson is in the Army and, therefore, entitled to "free"
hospitalization, you should not assume that the U.S. Government will "foot the bill" in all
cases.
SITUATION 2
As a result of a careless act of a family member of an Army active duty enlisted
man, a U.S. Army retired person was injured and hospitalized in a military hospital.
QUESTION : Would the U.S. Government have the right to recover the reasonable
value of the cost of medical care from the liable individual (the family
member)?
a. Under the circumstances, no.
b. I'm not quite sure.
c. Absolutely.
d. Yes, if the care is furnished by a U.S. Army hospital.
RESPONSES:
a. Under these circumstances, no.
This response is incorrect. The United States Government has the right, in
certain instances, to recover from third parties, the reasonable costs of hospital care
provided to individuals who have been injured under circumstances creating a tort liability
upon them.
MD0755
2-9