The Government Accountability Office, on October 16, 2026, published a new report on the delays the DOD military hospitals have in getting service members their medical records. National Trial Law represents military families across the country in medical malpractice lawsuits. The first question we ask a potential client is whether they have their medical records. Because medical negligence claims are built on the medical records, patient access to medical records is vital to understanding what happened in the care and treatment of our military families.
What this GAO report shows is delays in getting service members and their families their records and failures to protect those medical records. The report states that there were “50 improper releases of records affecting more than 1,000 service members from fiscal years 2021-25.”
The report also highlights problems with the Freedom of Information Act (FOIA) process. In our medical malpractice and other cases against the federal government, we rely on FOIA to get records on behalf of our clients. FOIA requires the Government to process these requests within 20 days of receipt—however, this rarely happens in our experience. To get these records, we have had to develop a system of checks and follow ups.
If you were injured by medical malpractice at a military hospital, you’ll also need to ask for your records, preferably in writing. Most military hospitals will have a portal or system where you can request your records. But as this report indicates, and as our experience shows, you will need to follow up regularly to make sure you get your records. And even then, you might not get all your records. When requesting records, here’s a checklist of records you should make sure you get, if you have them:
- Nursing notes: These are written by nurses. They document the nurse’s observations, the patient's response to treatments, physical assessments, and any interventions performed during a shift. They are essential for communicating the "story" of the patient's status between nursing shifts.
- Progress notes: Progress notes are ongoing entries made by various members of the healthcare team (doctors, therapists, nurses, etc.) to track a patient's clinical progress. They often follow a specific format, such as SOAP (Subjective, Objective, Assessment, and Plan), to provide a standardized way of documenting how a patient is doing.
- Flow sheets: Flow sheets record data that occurs at regular intervals. Instead of narrative text, they use checkboxes or numerical entries. Common uses include tracking vital signs (blood pressure, temperature), Intake and Output (I/O) measurements, wound measurements, or blood glucose levels. They are designed to allow clinicians to quickly identify trends over time.
- Operative notes: This is a formal report written by the surgeon following a surgical procedure. It details the type of surgery performed, the findings during the procedure, the specific techniques used, any complications encountered, and the patient's condition immediately following the surgery. Often times, the surgeon will dictate this note and will later transcribe their dictation into the medical record.
- Anesthesia notes: These notes are recorded by the anesthesiologist or anesthesia provider. They document the entire anesthetic process, including the induction (putting the patient to sleep), the maintenance of anesthesia during the procedure, the specific drugs administered, the patient’s physiological response to the anesthesia, and the emergence (waking the patient up).
- Doctors’ orders: These are the formal instructions issued by a doctor. Orders can include instructions for diagnostic tests, dietary restrictions, activity levels (e.g., “bed rest”), physical therapy, and specific medical treatments.
- Medication Orders and reconciliations: Medication reconciliation is a critical safety process performed during transitions of care (e.g., admission, transfer, or discharge). It involves comparing the medications the patient was taking at home with the new medications ordered in the hospital to prevent errors.
- Imaging reports and imaging studies: Imaging studies are the data or visual images produced by technology, such as X-rays, CT scans, MRIs, or Ultrasounds. A radiologist will take the imaging study and provide written interpretation of what they see on the films.
- Discharge notes and instructions: A summary of the patient’s entire hospital stay, including the reason for admission, the treatments provided, the patient's condition at the time of leaving, and any follow-up requirements.
- Fetal monitoring strips: In cases where medical negligence causes cerebral palsy or HIE, one of the most important pieces of evidence is the fetal monitor strip. These record fetal heart rate and the mother's uterine contraction patterns during labor and can give providers important information about the baby’s oxygenation status during labor and delivery.
If you’re unsure, contact a lawyer who specializes in medical malpractice claims against VA and military hospitals to help you understand what records you and whether you have a viable claim.