The Feres Doctrine And Military Medical Malpractice
If you or a loved one suffered harm due to a doctor’s negligence at a military hospital, you deserve justice. You likely feel betrayed by the system you served to protect. However, a complex federal law known as the Feres doctrine presents a significant barrier to many claims, and you need a team that understands how to navigate it.
At McKeen & Associates, PC, our lead attorney has successfully fought for victims of medical negligence for over 40 years. We combine intelligent legal strategy with genuine compassion because we know you are more than just a case number. While we are based in Michigan, we serve clients nationwide and possess the strength to litigate against powerful entities, including the federal government.
Understanding The Feres Doctrine And Military Medical Malpractice
The Feres doctrine is a Supreme Court ruling that disqualifies full-time military personnel from suing for injuries considered “incident to service.” Unfortunately, courts have ruled that medical care received at a military facility falls under this category.
This interpretation creates a harsh reality for service members. Because of this doctrine, the government holds total immunity against lawsuits from active-duty personnel. If you are on active duty and suffer a botched surgery, a medication error or a misdiagnosis at a military hospital, you cannot file a medical malpractice lawsuit.
This rule applies regardless of how negligent the doctor was. It applies even if the malpractice was obvious, the injury is catastrophic or the error ended a military career.
Who Is Not Barred By The Feres Doctrine?
While the law blocks the service member, it does not apply to everyone. The Feres doctrine does not prevent military dependents from seeking justice. Military spouses, children and other nonactive-duty dependents retain the right to sue the government for their own injuries under the Federal Tort Claims Act (FTCA).
For example, a newborn child of a service member suffers cerebral palsy due to a delivery error at a military hospital. Because the child is the victim, the family can sue on behalf of the child. A military spouse who was misdiagnosed at a base hospital can also file a military medical malpractice claim. If a dependent receives poor care at a military treatment facility, they are entitled to the same legal protection as any other patient in a civilian hospital.
Talk To McKeen & Associates, PC, Today And Understand Your Rights
The line between a barred Feres case and a valid claim is often blurry. You should not assume that you cannot take any legal action just because the injury happened at a military base. The rules are confusing, and some exceptions are not always obvious.
At McKeen & Associates, PC, we know how to investigate these difficult cases. We represent clients across the country, and we will give you an honest assessment of your options so you can stop wondering and start moving forward.
Contact our Michigan law office at 313-524-8570 for a free consultation to determine if your family’s case is a valid exception. You can also set up an appointment through our website. We operate on a no-fee-unless-we-win basis, so there is no financial risk to you.