Spouses and dependents of military personnel may be able to sue a military doctor, but active duty members are barred from recovering damages for their injuries due to certain laws that were passed by the federal government. When people are a victim of medical malpractice, they can usually file a malpractice suit against the doctor or surgeon when they are negligent in their duties. Unfortunately, this right does not extend to all members of the military.
Who Can Sue a Military Doctor?
The following groups of people can sue military doctors for medical malpractice:
- All military dependents
- Veterans of the military if they were injured at a VA hospital
- Any retired personnel who became injured after they retired
Active duty members of the military are precluded from filing a lawsuit against the military due to the enactment of the Feres Doctrine in 1950. However, they can bring a medical malpractice case against a physician when their spouse or dependent is injured due to negligence. In addition, a member who is on active duty can file a claim for emotional and financial damages caused by the child’s injuries. For example, the child’s injuries caused emotional trauma and the parent incurs costs for psychological counseling. This claim can be filed separately from the one that was brought on behalf of the child.
Federal Tort Claims Act
The Federal Tort Claims Act is a statute that was passed by the U.S. Congress in 1946. Under this law, the United States government can be held liable for injuries caused by the negligent or wrongful acts of a federal employee. This means that members of the military, not on active duty, can sue the government when they have suffered an injury due to medical malpractice. Before the injured victim can file a lawsuit, they must first file an administrative claim against the government. The claim must include the facts of the case outlining the negligent acts and a specified amount of money for damages. The government agency has six months in which to investigate the claim and attempt a settlement. If the victim’s claim is denied, they still have the right to file a lawsuit against the government in a federal court.
The Feres Doctrine
The Feres Doctrine was passed in 1950 and stems from the case of Feres v. United States. The U.S. Supreme Court held that the government is not liable for injuries caused by other military service personnel. This doctrine applies only to active duty personnel and bars them from recovering damages for personal injuries, regardless if they occurred during the performance of their duty. It also prohibits family members of active duty personnel from filing a claim for wrongful death or loss or consortium when their active duty loved one is killed or injured.
The Military Claims Act
The Military Claims Act allows military personnel to file a claim for injuries that happened outside the United States, if they were caused by an employee of the U.S. military. The rules are similar to those of the Federal Tort Claims Act, with one major exception. Claimants do not have the right to file a suit against the government if the claimant does not agree with the agency’s decision. However, they do have a right to file an appeal within 30 days.
How a Lawyer Can Help
If you or a family member has suffered an injury due to a military doctor’s negligence, you have the right to seek compensation for your injuries. When filing a claim against the government, the laws are extremely complex and require a legal professional to act on your behalf. Contacting an experienced medical malpractice attorney is the best course of action. They can determine if you have a valid claim and determine who should be held liable for your injuries.
