I served 5 years in the US military and yes we CAN be sued for malpractice.
 While AD military sign a covenant not to sue the government upon
enlistment, their dependants do not.  This is why I have always carried
medical malpractice insurance.  Most of the women I cared for as a
perinatal nurse as an Army Nurse were active duty dependants.  And yes, a
few did sue in specific cases for negligence or malpractice(not me
personally).  These cases were settled out of court with the US government
(as Andrew eluded).  I know there are others with military backgrounds on
the list.  Perhaps they can shed some light on this situation as well.

Maurenne Griese, RNC, BSN, CCE, CBE
Birth and Breastfeeding Resources  http://www.childbirth.org/bbfr
Manhattan, KS  USA
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