Author Topic: Active duty cannot sue for military medical malpractice  (Read 701 times)

MillCreek

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Active duty cannot sue for military medical malpractice
« 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. 

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MillCreek
Snohomish County, WA  USA


Quote from: Angel Eyes on August 09, 2018, 01:56:15 AM
You are one lousy risk manager.

Hawkmoon

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Re: Active duty cannot sue for military medical malpractice
« Reply #1 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!
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100% Politically Incorrect by Design

Angel Eyes

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Re: Active duty cannot sue for military medical malpractice
« Reply #2 on: March 25, 2019, 05:34:36 PM »
Frank Burns.
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  - Joe 'Ron Burgundy' Biden

RoadKingLarry

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Re: Active duty cannot sue for military medical malpractice
« Reply #3 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
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

Samuel Adams

MechAg94

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Re: Active duty cannot sue for military medical malpractice
« Reply #4 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. 
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