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Feres Doctrine

The Feres Doctrine stems from a case that occurred in the 1950's involving a soldier who had lost his life due to negligence by the military. The doctrine bars lawsuits against the government brought by active military personnel. With regards to medical malpractice claims, the Feres doctrine means military doctors are not liable for medical malpractice claims brought by active military personnel. However, there have been numerous cases of military medical malpractice that have been successful, due to the ambiguous language of the doctrine. Specifically, the doctrine states that it bars no case specifically, but rather each case must be heard on its own merits with regards to the Federal Tort Claims Act.

Fast Facts

  • In military medical malpractice cases, there is a federal statute of limitations of two years
  • Congressman Barney Frank of Massachusetts has been fighting to modify the Feres doctrine to protect active military personnel

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