Zone1 Veterans And The Feres Doctrine. Interested In What USMB Thinks About This

[skews13]

In a little-known 70-year-old ruling, Feres v. United States, active-duty service members are unable to sue their employer—the U.S. government—in civil court. This includes cases where the service member’s injury is caused by military negligence or when a family member of a victim attempts to sue after the service member was killed in noncombat-related circumstances, Vanity Fair’s Maximillian Potter reports.

Justice Robert Jackson wrote in a minority opinion of the doctrine, “The Government is not liable under the Federal Tort Claims Act (FTCA) for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.” As Potter points out, it’s the "incident to the service” part that is at the core—meaning any injuries sustained while in service should be ineligible for a lawsuit—such as the case of medical malpractice.

According to CNBC, 250,000 people in the U.S. die every year from medical errors, making it the third-leading cause of death in the nation. However, as Potter reports, each year, practically no medical malpractice suits are filed on behalf of those serving active duty in the military—and Feres is essentially the reason why.

So, if you’re serving in the military and a doctor or facility misdiagnoses or mistreats you, or you’re sexually assaulted or harassed, you’re essentially unable to sue the government in a civil court.

This means that even when a soldier is injured, and medical malpractice or a non-combat injury happens, a victim is unable to sue. The Court reasoned that if Congress had wanted to allow such claims, Potter writes, then it would have more clearly written the doctrine.

Recently, several veterans have begun challenging Feres in court, aiming to get Congress to abolish it.

Active-duty service members need our help. Push Congress to abolish the Feres doctrine

As the nation honored our veterans on Friday, it never ceases to amaze how much those in the military are willing to give and how little our government offers them in return. Specifically, a decades-old legal decision that has effectively protected the...

www.dailykos.com

What say you?

 

[1srelluc]

Oh great, so even more "lawyers for vets" commercials.

We should be putting lawyers out of business instead.

 

[skews13]

Oh great, so even more "lawyers for vets" commercials.

We should be putting lawyers out of business instead.

I don't think you lose your right as a citizen, to sue for damages for non combat related injuries, not related to training. You certainly have the right to sue for medical malpractice.

 

[ABikerSailor]

You know, I had an experience while on active duty, and I would have jumped at the opportunity to sue a doctor for malpractice if I could have, but unfortunately, because I was in the military, my ass belonged to the Government (understood that when I signed up), and I knew I didn't have a chance of doing so, or that if I had, negative consequences from my chain of command would have been the result.

On my first tour in the Navy, I was playing basketball as part of my command mandated PRT that everyone had to do. Well, I stepped down after catching the basketball, and happened to step on the ankle of an opposing player. My foot folded around the other person's ankle, and I knew that I'd just broken my foot. Was kind of a freak injury, but I thought, no problem, I'll just go to medical and they'll fix me right up.

Went straight to medical, and the ship's doctor (who was a LT) and told him I'd just broken my foot. He said he would be the judge of that and took some x-rays. He showed them to me, and told me "yep, you broke your foot, the bone on the outside of your foot is snapped completely in half", showed me the x-ray, and yep, I'd broken it clean in half. He then gave me an Ace bandage, told me to wrap my foot up really tight and wear high top sneakers. I asked if I could get a cast, and he said "nope, if we give you a cast, you're gonna have to go limited shore duty. Just use the bandage and high top sneakers, and come back in a week. Meanwhile, you're going to be taken off the ship and put on duty in the barracks" (we were doing a shipyard period at the time, and lived in the barracks, commuting to work to the ship everyday). Well, I did what I was told, spent a week on crutches at the barracks and went back a week later. He asked how my foot was doing, and I told him it was still broke, as it didn't appear to improve. He again said he'd be the judge of that, did another x-ray, and told me "yep, your foot is still broke. Go back to the barracks, continue the Ace wrap and high tops and come back in a week". I then told him he had 2 choices.............either (a) send me via the duty driver to the clinic for a cast, or (b) I would take a cab there myself and let everyone know what kind of crappy treatment I'd been receiving. He called the duty driver and had me sent to the hospital for a cast.

The doctor at the hospital (a LCDR this time), took x-rays, verified my foot was still broke, and asked me when it had happened. I told him a week ago, and he asked why I hadn't come to the hospital as soon as it happened. I told him about the LT telling me that an Ace wrap and high top sneakers were sufficient and that he thought I didn't need a cast. The LCDR than asked me how I felt about limited shore duty. I told him that I had no problem with it, as I was within my 6 month window for rotation to shore duty. He then told me I was now on limited duty and was going to work at the PSD on shore and would be transferring off the ship that afternoon. They sent me back to the ship to get my things, transferred me to a different barracks, and I was on limited duty for the next 6 months. Never found out what happened to that idiot LT who was the ship's doc, but I'm pretty sure he was at least reprimanded, as the LCDR who gave me a cast was upset as hell after he'd heard my story.

So yeah.................if there is gross negligence or malpractice on the part of the military doctor, I think that service members SHOULD be able to sue for some kind of malpractice. I know if I could have, I would have.