A Win for Military Members, But Feres Doctrine Still Deserves Full Overturn
Typically, it has been too late for injured military members and their families to find out they can’t hold the Department of Defense (DoD) accountable if they became injured or permanently disabled under the Feres Doctrine. But things are changing. In December, Congress partially overturned Feres, an outdated law which prohibits troops from filing negligence lawsuits against the military. The lawmakers voted on a defense authorization bill that allows victims to file claims in cases of medical malpractice stemming from care received in military hospitals for the first time in nearly 70 years, but unfortunately, still not in other circumstances related to military negligence.
Under this new compromise language, recovery under the Military Claims Act will be expanded to include active duty military with medical malpractice claims from military treatment facilities. More specifically, the American Association for Justice says the bill would do the following: