Members of the military often have a hard time holding medical professionals liable due to the Feres Doctrine, which was enacted in 1950 by the U.S. government. Medical malpractice affects millions of people each year, with over 200,000 people becoming victims of death due to medical negligence. Malpractice claims applies to all professionals who work in the healthcare field, not just doctors or surgeons. When a member of the military attempts to recover damages for their injuries caused by malpractice, they have to follow very complex federal guidelines.
Feres Doctrine Definition and How it Applies
The Feres Doctrine was a law passed in 1950 that prevents any member of the military service from suing the government for medical malpractice claims. The Feres case was brought when Lt. Rudolph Feres died in 1947 after his barracks caught fire. In Feres v. United States, the U.S. Supreme Court ruled that the government is not liable under the Federal Tort Claims Act (FTCA) for injuries that are caused due to medical negligence sustained by active members of the armed forces.
The Feres Doctrine is an exception to the Federal Tort Claims Act that was passed in 1946. The FTCA is a law where specific requirements must be followed when bringing a medical malpractice claim against the government. The burden of proof rests solely upon the plaintiff to prove their case by a preponderance of evidence against the government. The must present testimony of expert witnesses that support their claim of medical negligence.
Exceptions to the Feres Doctrine Rule
The Feres doctrine is limited to active duty personnel only. It does not apply to claims of medical negligence that are brought by military spouses, their dependents, retired military personnel or those who are classified as “non-active military” personnel. Some examples of exceptions to the Feres Doctrine rule include:
- In October 2007, a three-judge panel in Florida decided that a lawsuit could proceed against Presidential Airways, Inc., a military contractor, when three Army soldiers were killed in Afghanistan in 2004.
- The Ninth Circuit of appeals in Nevada reversed the dismissal of a personal injury claim in Schoenfeld v. Quamme in 2007. This case stemmed from injuries that were caused by an auto accident, which occurred on a military base. The Appeals Court found that Schoenfeld’s activities at the time of the accident did not fall under military duty and therefore, the Feres Doctrine rule did not apply.
The U.S. Supreme Court has said that each case must be examined on its’ own merits and that once a soldier has been discharged, the doctrine does not apply to injuries committed by the government. While the United States cannot be held legally liable for an injured soldier, claims against an independent contractor of the military can be pursued.
Current Legislation to Overturn the Feres Doctrine
In May 2010, retired Vice Admiral Ryan, president of the Military Officers Association of America (MOAA) indicated that they would support a bill that could reverse the 1950 Supreme Court ruling in favor of the Feres Doctrine. The bill, sponsored by U.S. Representative Hinchey of New York is trying to get the Carmelo Rodriguez Military Medical Accountability Act passed. This was named after a Marine Corps leader who was misdiagnosed and later died from skin cancer at the age of 29. This bill seeks to amend current federal law and allow members of the armed forces to hold the U.S. government liable for damages caused by medical negligence. It has currently passed the house judiciary committee by a narrow margin and faces an uphill battle in the Senate if approved by all members of the House.
Talk to a Medical Malpractice Attorney
All members of the military and their families deserve to receive quality medical care. In many cases, the military can be held liable for medical negligence under certain circumstances. However, the statute of limitations dictates how long you can wait before filing your claim and this may be only a couple of years from the time the incident happened. Therefore, it is important to hire an experienced medical malpractice attorney to help you pursue your claim and recover damages that you may be entitled to receive for your injuries or loss.
