Active-duty military personnel can't sue for malpractice

[Wordie]

I was shocked when I read this story! How can we expect these Americans to serve their country, yet treat them so badly? The article starts out with several cases of individuals who have had bad surgery or other failed medical procedures through military-provided medical care, for non-service -related problems, yet are out of luck when it comes to being compensated for their injuries, even if they are caused by gross negligence. This is because of the the Federal Tort Claims Act and a 1950's Supreme Court decision, called the Feres Doctrine.

Active-duty military personnel can't sue for malpractice
By ROB PEREZ
Gannett News Service

"The Feres Doctrine has become truly grotesque," said George Washington University law professor Jonathan Turley, who cited the court cases and others in a 2003 law journal article criticizing the doctrine. "It's almost impossible to capture how hurtful Feres is."

Even though the 1946 federal law governing tort claims specifies only that military members cannot sue for combat-related injuries, the high court has broadened the application to include non-combat claims.

...The Department of Defense did not respond to repeated requests seeking comment for this story. At congressional hearings, department officials have said that allowing service members to bring tort claims would undermine the discipline system fundamental to the military's command structure.

The Supreme Court has noted the same rationale in upholding Feres. In a 1987 lawsuit over a Coast Guard helicopter crash on Molokai in 1982 the Supreme Court upheld the doctrine. But they were divided over the issue.

Originally published February 13, 2006

http://www.coshoctontribune.com/apps/pbcs.dll/article?AID=/20060213/NEWS01/602130319/1002