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.