The Feres Doctrine prevents active military members from suing the U.S. government because of medical malpractice. The Feres Doctrine comes from a 1950 Supreme Court trial. However, as of 2020, the National Defense Authorization Act allows the military health care system to accept and evaluate claims in California and beyond. It’s the first time military medical malpractice changed in 70 years.
History of military medical malpractice
Civilians can sue the U.S. government for wrongdoing because of the Federal Tort Claims Act of 1946. The U.S. government doesn’t have sovereign immunity with individual claims, and active military members aren’t allowed to make claims against the US government.
A military medical malpractice claim isn’t allowed if the U.S. government is neglectful. The U.S. Supreme Court took on three claims from the active military in 1950, which created Feres v. United States in 1950. The Supreme Court unanimously reasoned the U.S. government isn’t liable for any injuries during military services. There’s a clear difference between a civilian and an active military member.
Present-day military medical malpractice process
In April 2019, a representative proposed an exemption to the Feres Doctrine. Active military can now make a malpractice claim against certain Department of Defense facilities. Major military hospitals and clinics can have military medical malpractice claims against them. Other medical service areas such as on ships, in the field or at battalions are protected under Feres. As of Jan. 1, 2020, Congress put $400 million aside to compensate injured soldiers until 2030.
Present-day military medical malpractice medicine
Negligent care may lead to military medical malpractice claims. Neurosurgeons have the highest rate of malpractice claims, with 19.1% having at least annual claims. Only 54.2% of the claims are in favor of the surgeon. Claims are in other specialists’ favor 75% of the time. Military neurosurgeons can now see the same claims as civilian ones. The estimated health care costs are over $55 billion in annual spending with an estimated $210 billion in expenses from defensive medicine.
Now, injured patients can hold military doctors in certain facilities accountable. Congress offers active military members 15% of all legal fees. Soldiers with military medical malpractice claims need to pay the rest of the legal fees.