If you have a potential claim against a federal facility, including a medical facility, it will fall under the Federal Tort Claims Act (FTCA). You may have heard of the Feres Doctrine, which refers to a U.S. Supreme Court case that held that military service members under active duty orders cannot sue the federal government.
Under this doctrine, service members are not allowed to sue the federal government, even for medical negligence or medical malpractice claims that arise against military hospitals. However, as one of our medical malpractice lawyers explains, part of the Feres Doctrine was overturned under the National Defense Authorization Act (NDAA) (2020), which could impact a military malpractice case.
If you are a current or former service member who has suffered an injury or illness due to medical negligence, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation with one of our malpractice attorneys to learn more about your legal rights and options for seeking justice and maximum compensation.
What Is the Feres Doctrine?
The Feres Doctrine is a legal principle established by the U.S. Supreme Court in 1950 that prohibits military personnel from suing the federal government for injuries arising from or in the course of duty. This doctrine is rooted in the idea that military service members should not be able to sue the government for injuries sustained while performing their duties, as it could disrupt military discipline and operations.
This principle extends to medical malpractice claims against military healthcare providers, making it crucial for service members and their families to understand its implications.
How Does the NDAA Impact the Feres Doctrine and Malpractice Claims?
The NDAA was passed in 2020 and introduced significant changes regarding the Feres Doctrine and its impact on medical malpractice cases involving military personnel, specifically medical malpractice claims related to healthcare provision at military facilities.
The Act explicitly states that the Feres Doctrine does not bar active-duty service members from seeking compensation for injuries caused by medical malpractice in military healthcare facilities. This represents a significant shift, as previously, service members were often unable to pursue such claims due to the Feres Doctrine’s broad application, even with the help of a medical malpractice lawyer.
What Is the Process for Filing a Military Malpractice Claim?
Under the NDAA, medical claims for active service members are not filed in federal courts but are instead filed with the U.S. Department of Defense (DoD). An administrative claim is filed with the appropriate military branch, detailing the alleged malpractice, the nature of the injury, and the medical treatment received. Including all supporting documentation with the claim, including medical records and evidence of the alleged negligence, is critical.
Once submitted, the DoD has six months to respond to the claim. If it denies the claim, the claimant (injured party) can then file a lawsuit in federal court.
How Can a Medical Malpractice Lawyer Help Service Members?
Service members who believe they have suffered an injury due to medical malpractice should first consult a qualified attorney specializing in medical malpractice. It’s essential to assess whether the Feres Doctrine applies to their situation and explore alternative compensation avenues.
Gathering medical records, documentation of the incident, and any evidence of negligence will be important for building a case. A malpractice attorney can help navigate the complexities of the legal process, ensuring that service members understand their rights and options for pursuing a claim while adhering to the constraints of the Feres Doctrine.
If you have a question about the FTCA and how it applies to your medical negligence case, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free and confidential consultation with one of our dedicated medical malpractice lawyers. We don’t accept every case, but if your case meets our criteria, we would look forward to representing you.