Brinkerhoff and Wallechinsky report: "In defending the U.S. military's medical system in court, the U.S. Department of Justice is arguing that service personnel and their families are not allowed to sue for medical malpractice regardless of the circumstance."
Government lawyers are trying to expand the scope of Feres v. United States to make suing for malpractice impossible for families of soldiers. (photo: Pursuit of Research)
Quietly, US Moves to Block Malpractice Lawsuits by Military Families
03 February 12
n defending the U.S. military's medical system in court, the U.S. Department of Justice is arguing that service personnel and their families are not allowed to sue for medical malpractice regardless of the circumstance.
As a general rule, military members are barred from taking the government to court, which has been established in several court cases, in particular the 1950 Supreme Court decision in Feres v. United States. But now government lawyers are trying to expand the scope of Feres to make it impossible for families of soldiers to sue for medical malpractice, if at the time of the bad care the service member was on active duty.
"This is a whopper of a theory and it immediately raised the hackles of attorneys who practice in this field," wrote Andrew Cohen for The Atlantic. "Now, all of sudden, family members of military personnel can't sue the U.S. for negligence because their loved ones are on active duty?"
Eugene Fidell, an expert in military law at Yale University told the Military Times that the Feres Doctrine was not intended to protect military hospitals sued by civilians. "If the government can plausibly take a position like this, something is basically wrong," said Fidell. "The outcome the government is arguing for is intolerable. If the government wins this motion, Congress has to step in."
-Noel Brinkerhoff, David Wallechinsky
To Learn More:
U.S. Seeks New Limits on Troops' Legal Rights (by Andrew Tilghman, Military Times)
Quietly, U.S. Moves to Block Lawsuits by Military Families (by Andrew Cohen, The Atlantic)
Supreme Court May Review Law that Prevents Military Personnel from Suing for Medical Malpractice (by Noel Brinkerhoff, AllGov)
Military Personnel Not Allowed to Sue for Medical Malpractice (by Noel Brinkerhoff, AllGov)
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You mean Newt Gingrich -oops sorry, wrong party!
Feres also protects lawyers from legal malpractice as well as unethical government lawyers. When I was on active duty, I was threatened by Army lawyer CPT Matthew Fitzgerald to do something against regulations resulting in losing over $50,000. Fitzgerald’s motive was to tout this as his first accomplishment on his annual performance report of which I later got a copy. When I asked the top lawyer (now LTG Dana Chipman) for help, they appointed Fitzgerald’s previous boss/friend to investigate. I filed the same complaint with Fitzgerald’s state bar proving he lied more than 10 times. All thrown out of federal court due to Feres despite slam-dunk evidence in my favor. Fitzgerald even got promoted to Major just to add the insult to my financial injury. The US Government should no longer be protected from flagrant malpractice when such protections are not available in the private sector. Feres was NEVER designed 50 years ago to protect against corruption, misdeeds, and cover-ups.
I would hope the treatment would be equal however, that is a joke. But families were never taken care of, they lived on a pittance even those given on location housing, it was no better than HUD because it is Government Housing. No dignity given to those who serve by their Own. That is why when people bad mouth Hippies, OWS, Anti War Protestors, perhaps they should take a good hard look at VA, At Brass, At living conditions. Maybe they would see that we are not the enemy but the ones our Children Serve for.
Ms OBama and Ms Biden are right now fighting for Service People and families, maybe a good time to call them, email and write letters about the Treatment. Perhaps their eyes should open wider, see the picture Sheeple are led away from.
I am Anti War for many reasons, most the aftermath of living. I am against Killing as is my Faith. Do Not Know about the other Faiths and their take on the Commandments but I can read.
Right now if Judgement Day comes, I hope we can all sit with some Popccorn and watch it play out.
Got to make this more public, more kids are signing up, perhaps their families are unaware
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