Should military medical providers be allowed to be sued for malpractice?

2015-12-21T13:17:09-05:00

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.

Response by Sgt Aaron Kennedy, MS made Dec 21 at 2015 1:50 PM

2015-12-21T13:50:46-05:00

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/

Advocates back military family's Feres doctrine challenge

A diverse group of organizations have filed briefs urging the U.S.

Response by PO1 Brian Austin made Dec 21 at 2015 2:45 PM

2015-12-21T14:45:09-05:00

It should be okay to sue for malpractice if it involves a SM's dependents, IMO.
A military doctor should not be able to avoid a malpractice suit by simply being in the military.

Response by MSgt James Mullis made Dec 21 at 2015 3:28 PM

2015-12-21T15:28:19-05:00

No! The military self insures.

Response by CAPT Kevin B. made Dec 21 at 2015 8:11 PM

2015-12-21T20:11:44-05:00

My heart says yes but my mind says no. In the grand scheme of things, the Nation is better served by this logic. Notice I didn't say SMs. It would likely make sense to take a look at adjusting the death benefit for the medical mistakes along with disability compensation for those who aren't killed outright. Although the Government is self insured, this isn't an insurance question. It's a liability question and so far by law, the Government doesn't have liability, end of story. Interesting enough, you can petition your Representative to sponsor specific legislation to obtain redress for any tort that the Government is shielded from. They do happen although very rarely.

Response by MSgt John Taylor made Dec 22 at 2015 1:04 AM

2015-12-22T01:04:45-05:00

That stuff is out of hand in the civilian word, it should remain there! Folks are sued over mistakes vs gross incompetence or misconduct. It's nothing but the legal systems version of a lottery.

Response by CDR Terry Boles made Dec 22 at 2015 9:55 AM

2015-12-22T09:55:14-05:00

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.

Response by PO3 Julia Perry made Sep 28 at 2020 10:53 AM

2020-09-28T10:53:19-04:00

It is imperative that providers at the VA also be included in this.