Posted on May 20, 2019
Supreme Court rejects bid to overturn prohibition on military malpractice cases
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7-2 ruling sees Justices Clarence Thomas and Ruth Bader Ginsberg in favor of changing the Freres Doctrine so that service members could sue for medical malpractice. Now it's up to Congress to do the heavy lifting. Col Val Finnell, MD, MPH Maj Marty Hogan COL (Join to see) MAJ Montgomery Granger LTC (Join to see) Capt Gregory Prickett LTC Ivan Raiklin, Esq. COL Mikel J. Burroughs LTC Stephen F. Maj Kim Patterson Capt Sabrena Goldman A1C (Join to see) MSG (Join to see)
Supreme Court rejects bid to overturn prohibition on military malpractice cases
Posted from militarytimes.comPosted in these groups: 
Medicine
Medicine
Posted >1 y ago
Responses: 5
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Thank you, my friend PO1 Tony Holland for sharing the interesting news that the Supreme Court of the USA supports service members being able to sue for medical malpractice.
It will be interesting to see if Congress modified or scarps the Freres Doctrine.
Since suits against the military medical system will be defended by the Federal government in court and the Federal government would be obligated to pay damages if the plaintiffs win, this will be an uphill battle IMHO.
I think any proposed legislation would limit class action suits and decouple suits against both the VA and DoD medical systems. While the VA medical system was not addressed specifically, ....
What do you think? LTC John Shaw LTC Greg Henning LTC (Join to see) LTC Stephen C. LTC Wayne Brandon LTC (Join to see) CPT Jack Durish
It will be interesting to see if Congress modified or scarps the Freres Doctrine.
Since suits against the military medical system will be defended by the Federal government in court and the Federal government would be obligated to pay damages if the plaintiffs win, this will be an uphill battle IMHO.
I think any proposed legislation would limit class action suits and decouple suits against both the VA and DoD medical systems. While the VA medical system was not addressed specifically, ....
What do you think? LTC John Shaw LTC Greg Henning LTC (Join to see) LTC Stephen C. LTC Wayne Brandon LTC (Join to see) CPT Jack Durish
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The VA is subject under the Federal Tort Claims Act but most lawyers are afraid of going up against the government. Medical negligence and malpractice is costly for the plaintiff and the government denies claims out of hand because they know, even if you have an attorney, that they can delay any action by denying it and drag it out through the appellate process for years in hopes you will die.
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PO1 Tony Holland: I don't see Congress addressing this issue, especially given that so many of them have voted for tort reform. This one area of tort reform really gets most Congress critters up in arms to produce more legislation regarding tort reform.
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