Armed Polite Society

Main Forums => Politics => Topic started by: MillCreek on March 25, 2019, 12:17:07 PM

Title: Active duty cannot sue for military medical malpractice
Post by: MillCreek on March 25, 2019, 12:17:07 PM
https://www.military.com/daily-news/2019/03/24/controversial-military-malpractice-policy-may-be-closer-overturn-ever.html

For about 60 years, active duty military personnel have been unable to sue for malpractice committed in military medical facilities.  This is known as the Feres doctrine.  There have  been various attempts over the years to overturn this doctrine on the basis of fairness.  It will be interesting to see if the latest appellate cases or legislation goes anywhere.

The military does not always enjoy the highest caliber of medical providers, especially in the more civilian-lucrative medical and surgical specialties. 

Title: Re: Active duty cannot sue for military medical malpractice
Post by: Hawkmoon on March 25, 2019, 05:33:49 PM
https://www.military.com/daily-news/2019/03/24/controversial-military-malpractice-policy-may-be-closer-overturn-ever.html

For about 60 years, active duty military personnel have been unable to sue for malpractice committed in military medical facilities.  This is known as the Feres doctrine.  There have  been various attempts over the years to overturn this doctrine on the basis of fairness.  It will be interesting to see if the latest appellate cases or legislation goes anywhere.

The military does not always enjoy the highest caliber of medical providers, especially in the more civilian-lucrative medical and surgical specialties. 


But, but ... Hawkeye Pierce and Trapper John! The best of the best!
Title: Re: Active duty cannot sue for military medical malpractice
Post by: Angel Eyes on March 25, 2019, 05:34:36 PM
Frank Burns.
Title: Re: Active duty cannot sue for military medical malpractice
Post by: RoadKingLarry on March 25, 2019, 06:42:17 PM
Frank Burns.


For every "Hawkeye Pierce" quality doctor there is 100 "Frank Burns" quality doctors in the military
Title: Re: Active duty cannot sue for military medical malpractice
Post by: MechAg94 on March 25, 2019, 08:41:38 PM
It seems to me that there either needs to be civil liability or criminal liability.  If the courts say one isn't an option then the other needs to be in use.  I think criminal liability would be odd, but I am told it is used in some countries.