Posted on Dec 21, 2015
Should military medical providers be allowed to be sued for malpractice?
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It starts with a 1946 law, the Federal Tort Claims Act (FTCA), and a 1950 Supreme Court case, Feres v. United States. The "Feres Doctrine" stands for the general proposition that the U.S. cannot be sued for money damages under the FTCA for any injuries to or death of military personnel while on active duty. As of now, on-duty soldier cannot sue medical doctors for malpractice.
Medical
Lawsuit
Benefits
Posted >1 y ago
Responses: 7
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The problem is when it affects Non-military members, like dependents.
I understand (though not necessarily agree with all cases) that we cannot sue on our own behalf. That falls under the realm of "reasonable." They broke us, and they are responsible for fixing us. Hence the Dept of VA, and SGLI/VGLI etc.
However, if they break our children or spouses, and we cannot sue on THEIR behalf, the SPIRIT of the LAW is being perverted.
This was posted on Marine Corps Times as a prime example of this:
http://www.militarytimes.com/story/military/2015/12/21/advocates-back-military-familys-feres-doctrine-challenge/77491422/
I understand (though not necessarily agree with all cases) that we cannot sue on our own behalf. That falls under the realm of "reasonable." They broke us, and they are responsible for fixing us. Hence the Dept of VA, and SGLI/VGLI etc.
However, if they break our children or spouses, and we cannot sue on THEIR behalf, the SPIRIT of the LAW is being perverted.
This was posted on Marine Corps Times as a prime example of this:
http://www.militarytimes.com/story/military/2015/12/21/advocates-back-military-familys-feres-doctrine-challenge/77491422/
Advocates back military family's Feres doctrine challenge
A diverse group of organizations have filed briefs urging the U.S.
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Sgt Aaron Kennedy, MS
CPT Toby Forbes - That's where that "though not necessarily agree with all cases" comes into play.
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As a Provider, physical therapist, I have heard of surgical cases that led to an unfavorable surgical outcome with differing life changes. Albeit true Providers cannot be sued by SMs, there are consequences the Provider faces which can include the loss of licensure, which may certainly not be the consequence the SM is looking for. Any medical adverse event can be life altering and mistakes happen and with heavy hearts, however I think FTCA is appropriate whether it be in a war zone or stateside MTF. As stated elsewhere, the compensation for that medical adverse event is lifetime medical benefits vs the monetary benefit from the civilian side. An article in the American College of Emergency Physicians states: “The opinion is an extension of the English common-law concept of sovereign immunity. The Court ….U.S. Supreme Court case Feres v. United States 340 U.S. 135 (1950)….reasoned that active duty service members have access to remedies such as disability pay, VA compensation, and medical care for as long as the disability exists.”
And as stated elsewhere, this does not pertain to dependents and retirees who can seek financial damages by navigating through the legal system.
And as stated elsewhere, this does not pertain to dependents and retirees who can seek financial damages by navigating through the legal system.
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CDR Terry Boles
There is merit to this and hopefully the patient was advised and understood the complications that may arise. None the less in this day and age of sue happy society there is a lack of normalcy and it's unfortunate when there is any unfavorable outcome and the SM might not be happy they cannot sue but it's been discussed why. Good point. Thank you!
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