Feres Doctrine Prevents Military Personnel From Filing Medical Malpractice Claims

Main Category: Litigation / Medical Malpractice
Article Date: 14 Feb 2006 - 0:00 PDT

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The Honolulu Advertiser on Tuesday examined the Feres Doctrine, a federal regulation under which active-duty military personnel are prohibited from suing the U.S. government for injuries related to military service, even if the injury occurred while the victim was off duty or was not caused by military personnel. According to the Advertiser, active duty military personnel are prevented from filing such lawsuits -- including for medical malpractice -- "even if gross negligence was the cause." Both critics and supporters of the doctrine say the justification behind it is logical because officers during wartime should not have to worry about whether or not they will be sued. However, critics of the doctrine say that banning lawsuits for non-combat-related injuries denies military personnel basic legal rights. Some judges have criticized the doctrine, "even calling it unconstitutional," but have been forced to dismiss lawsuits because of it, the Advertiser reports. Meanwhile, the House in recent decades has passed several bills to allow military personnel to pursue lawsuits regarding injuries caused by improper medical care, but the legislation has failed to win approval in the Senate. In 2002, Veterans Equal Rights Protection Advocacy submitted to a Senate committee more than 150 cases in which military personnel or their families were unable to pursue claims because of the doctrine. "All we're looking for is accountability," Barb Cragnotti, legislative coordinator for the group, said, adding, "Because of that doctrine, there is no accountability" (Perez, Honolulu Advertiser, 2/7).

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