Feres doctrine Archives - Medical Malpractice Lawyers

Supreme Court Denies Request To Review Ban On Military Medical Malpractice Claims

April 14, 2025

On February 24, 2025, the United States Supreme Court denied a request for review of the ban on military service members suing for medical malpractice. The medical malpractice case involved a veteran who was paralyzed during a surgery at Walter Reed National Military Medical Center. However, Justice[...]

Federal Register Publishes Rule Regarding Medical Malpractice Claims By Members Of The Uniformed Services (Part I)

June 19, 2021

On June 17, 2021, the Federal Register published the Department of Defense’s interim final rule that is effective on July 19, 2021 implementing requirements of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 permitting members of the uniformed services or their authorized re[...]

National Defense Authorization Act 2020 Allows Military Medical Malpractice Claims For First Time

December 23, 2019

National Defense Authorization Act 2020 (NDAA) signed into law by President Trump on December 20, 2019 does not change or repeal the Feres doctrine but it authorizes for the first time for the Secretary of Defense to allow, settle, and pay an administrative claim against the United States for person[...]

U.S. Supreme Court Refuses To Hear Case Seeking To Overturn Feres Doctrine

June 5, 2019

On May 20, 2019, the United States Supreme Court refused to grant certiorari in a medical malpractice case involving a Navy nurse who was 33 when she died on March 9, 2014 following a massive postpartum hemorrhage at the Naval Hospital Bremerton, within hours of the birth, after military doctors all[...]

Feres Doctrine Will Likely Bar Medical Malpractice Claim For Soldier’s Delayed Diagnosis Of Stomach Cancer

March 7, 2019

On October 31, 2018, an Army Sergeant died following a prolonged battle with stage 4 stomach cancer. His widow claims that military care providers committed medical malpractice when they failed to diagnose his stomach cancer during multiple visits to Army base doctors over a four-year period. The Ar[...]

Former Green Beret’s Egregious Medical Malpractice Claim May Be Precluded By Feres Doctrine

November 22, 2018

A former Green Beret nearly lost his life when he was shot by a sniper while deployed in Ramadi, Iraq in 2004. The bullet pierced his lung but heroic efforts saved his life. He was reminded once again in June 2017 how fragile life is when he went to a civilian physician with severe breathing [&helli[...]

Federal Appellate Court Reluctantly Applies Feres Doctrine, Sinks Wrongful Death Claim For Navy Lieutenant Who Died Hours After Giving Birth

May 23, 2018

The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) in its decision filed on May 7, 2018 stated that it “regretfully reach[s] the conclusion that [the plaintiff’s] claims are barred by the Feres doctrine” in a case in which the husband o[...]

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