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.
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.
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)