Medical Malpractice and Military Doctors

Military medical malpractice suits are subject to special rules and laws that severely limit the ability to sue a military doctor.  Laws such as the Feres Doctrine and the Federal Tort Claims Act render it impossible to pursue medical malpractice claims against military doctors, even where medical malpractice has clearly occurred.  As a result, if you believe that you have a claim against a military doctor for medical malpractice, you should first consult an attorney regarding the applicability of these laws to your case.

The Feres Doctrine

As a general rule, members of the military cannot bring a lawsuit against the government, or any of its agents, for injuries that they received incident to their military service.  While this law, known as the Feres Doctrine, governs injuries sustained in the line of duty, it also applies to injuries that service members suffer as a result of the negligent acts of military doctors.  In this case, even if military medical malpractice occurs at the hands of a military doctor, the service member is not permitted to sue a military doctor. 

The Federal Tort Claims Act

In contrast to the Feres Doctrine, the Federal Tort Claims Act does permit civilians, including dependents and family members of military personnel who are injured as a result of the negligent and/or reckless acts of a military doctor, to sue a military doctor for medical malpractice.  This might occur if the dependent child of a service person was injured due to the medical malpractice of a military doctor while receiving treatment at a government military hospital.

Contacting an Attorney for Legal Advice

Due to the specialized nature of medical malpractice that may have been committed by a military doctor working in a government hospital, you should contact an attorney in order to evaluate any potential claim for medical malpractice as soon as possible.  Because of the applicability of laws such as the Feres Doctrine and the Federal Tort Claims Act, your ability to sue a military doctor may be limited or even prohibited.