From the Air Force

In a letter dated 31 May 2007, the Air Force Deputy Chief of the Congressional Inquiry Division in the Office of Legislative Liaison said the following: 
...Ms. Kinamon may choose to wait until the Air Force completes its investigation and takes final action on her claim. Or, if the Air Force does not take final action and six months have passed since she presented her claim, Ms. Kinamon can then file a lawsuit under the Federal Tort Claims Act (FTCA). However, the U.S. Supreme Court and the U.S. Circuit Courts have consistently held claims arising out of the medical care active duty servicemembers receive in military hospitals are incident to service. As such, these medical malpractice claims by family members are explicitly barred. Amendments to the FTCA have been periodically introduced which would allow military members to bring such suits; however they have been unsuccessful.