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U.S. Seeking to Further Limit Its Liability for Medical Malpractice by Military Doctors

Posted by Todd Hendrickson in Medical Malpractice

You may not realize it, but our active duty military have virtually no recourse if they are the victim of medical malpractice by a U.S. military physician or health care provider. This is called the Feres Doctrine and has been the law since a 1950 U.S. Supreme Court case, Feres v. United States.

Well, now the U.S. is trying to expand the Feres Doctrine to include the spouses and family members of U.S. Military. That’s right, they are trying to get the Court’s to agree that, basically, U.S. Military physicians cannot be held responsible for any malpractice. You can read a detailed report in The Atlantic.

I’m sorry, this is just wrong. I’ve always thought the Feres Doctrine was wrong, but at least the argument existed that, as a member of the military, you were giving up certain rights in exchange for certain benefits. The families of U.S. Military don’t make those decisions. And to treat the military members, let alone their families, as if they are undeserving of the best medical care and a means to hold someone accountable if they don’t get it, its just wrong. Wrong. Wrong. Wrong.

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