Military Medical Malpractice

Military Medical Malpractice

A recent special report examined the "Feres Doctrine," a long established rule that blocks active duty military families in many situations from suing for medical malpractice. The Feres Doctrine provides that troops may not sue the government for injuries deemed "incidental" to military service. This doctrine was initially created to address injuries that occur during combat. However, it continues to be applied in a variety of circumstances, including when military personnel are harmed while seeking medical attention in military hospitals, and the military physicians and hospitals and medical staff commit medical malpractice.

For example, a recent case involved the situation of an active duty Navy lieutenant who died after bleeding to death following the birth of her child. While evidence showed that the obstetrician in charge of her care failed to act quickly enough in taking life saving measures - the Feres doctrine blocked the family from successfully bringing a wrongful death claim against the hospital and staff. Had the incident occurred in a civilian hospital, the claim likely would have proceeded.

Another case, Ortiz v. The United States, is pending before the Supreme Court seeking review of the doctrine.

For more information, or if you or a loved one has suffered harm after receiving medical attention, please contact the experienced and compassionate San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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