Members of the Military Cannot Always Get the Compensation They Deserve

Drew Dixon
Drew Dixon
Contributor
Posted by Drew DixonOctober 22, 2008 4:37 PM
Tags: None

Image:Hospital room ubt.jpeg

After watching a recent episode of Boston Legal, I became interested in the Feres doctrine. This doctrine stems from the Supreme Court case Feres v. United States, 340 U.S. 135 (1950).

In the Feres case the Supreme Court held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty for those injuries resulting from the negligence of other members of the armed forces.

As you can imagine this doctrine comes into play in a number of medical malpractice cases. Based upon the holding of the Supreme Court, a military doctor can commit blatant malpractice without being held accountable. In essence, this doctrine bars active members or their families from successfully receiving damages for personal injuries resulting from the negligence of military doctors.

I truly do understand the arguments from both sides, however, this doctrine was established in 1950, more than 58 years ago. Don't you think its time our brave members of the armed forces get the compensation that they deserve.

Image source: Wikimedia Commons

8 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Edward Fremer
Posted by Edward Fremer
October 22, 2008 10:50 PM

Hello, I agree with you 100 percent. My son michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence. I can not hold the Army accountable because of the Feres Doctrine.

Robert Oshel
Posted by Robert Oshel
October 23, 2008 7:26 AM

A distinction probably needs to be made between emergency care rendered on the battlefield -- where the Feres Doctrine may be justified -- and care rendered under more normal circumstances in hospitals. At least the Feres Doctrine does not apply to care provided to dependents in military facilities. That is more fair, but it leaves us with the ridiculous situation that if a military physician commits malpractice against a soldier's spouse there is compensation but if the exact same malpractice is committed against the soldier him or herself with the exact same injury, there is no compensation.

Warren Henthorn
Posted by Warren Henthorn
October 23, 2008 10:44 AM

I lost my son in Iraq due to failure of his chain of command, Feres protects the army, they have no accountability.

Walter Reed deal and many other medical problems in the VA system can be traced to Feres.

Warren Henthorn
Posted by Warren Henthorn
October 23, 2008 10:44 AM

I lost my son in Iraq due to failure of his chain of command, Feres protects the army, they have no accountability.

Walter Reed deal and many other medical problems in the VA system can be traced to Feres.

Alexis Witt
Posted by Alexis Witt
October 23, 2008 10:00 PM

My husband was active duty Air Force, he was denied access the base hospital because his transfer paper hadn't been filed yet, Later he returned in pain and was misdiagnosed Sent home with antibiotics. He was later rushed to the ER at TRAVIS AFB David Grant Medical Center for an emergency appendectomy..which was performed successfully. Shortly after the surgery due to errors of the nurse on duty (whom removed his airway tube too soon) his throat closed up and he went without oxygen for 12- 15 minutes...but of course we were initially lied to about the duration he went without oxygen. We were told it was just 2 minutes. 3 months later the staff came clean and we removed him from life support (feeding tube) he died 7 days later. He was 25 and had a daughter and newborn son.

Alexis Witt
Posted by Alexis Witt
October 23, 2008 10:00 PM

My husband was active duty Air Force, he was denied access the base hospital because his transfer paper hadn't been filed yet, Later he returned in pain and was misdiagnosed Sent home with antibiotics. He was later rushed to the ER at TRAVIS AFB David Grant Medical Center for an emergency appendectomy..which was performed successfully. Shortly after the surgery due to errors of the nurse on duty (whom removed his airway tube too soon) his throat closed up and he went without oxygen for 12- 15 minutes...but of course we were initially lied to about the duration he went without oxygen. We were told it was just 2 minutes. 3 months later the staff came clean and we removed him from life support (feeding tube) he died 7 days later. He was 25 and had a daughter and newborn son.

Troop01
Posted by Troop01
October 24, 2008 6:20 PM

Feres is a huge problem - things may be improving though. Check out recent case law that allowed a service member to proceed with a claim against the government even after it was initially dismiised. Schoenfeld vs. quamme - you can google it to get the Court of Appeals opinion unanamously overturning the dismissal! Due to go to trial soon, so check back on it sometime.

Edward Fremer
Posted by Edward Fremer
November 05, 2008 10:52 AM

Getting better is not good enought for the soldier's and family members. Bush and the current congress should overturn this unfair and bad law. They can bail out banks. Why can't they give the Brave men in our armed forces the rights they should have?

Comments for this article are closed.

Subscribe to InjuryBoard Bentonville

InjuryBoard Bentonville  RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Bentonville is brought to you by Bailey & Oliver Law Firm

Legal Assistance Center

More Info
Bailey & Oliver Law Firm (866) 735-1102 Ext 435 www.imaginejustice.com
google
Personal Injury Lawyers Serving: Bentonville, Fayetteville, Mountain Home, Little Rock, Fort Smith, El Dorado, Bald Knob, Beebe, Benton, Bryant, Cabot, Conway, Dumas, Heber Springs, Hot Springs, Jacksonville, Pine Bluff, Sherwood, all areas of Arkansas.
2000 SE 14th Street, Bentonville, Arkansas 72712 [ Show Map ]506 Hospital Drive, Mountain Home, Arkansas 72653 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address