Military Medical Malpractice Law Under Fire

Military Medical Malpractice Law Under Fire

A man whose wife died following child birth is seeking to overturn a decades old rule that bars victims of military medical malpractice from seeking legal redress. The Feres Doctrine bars legal action for harm that occurs incident to military service, and has been applied to bar service members from bringing medical malpractice actions against military doctors and hospitals. This includes errors that occur during labor and delivery, which critics argue does not qualify as “incident to service.”

In this instance, the woman – a Navy lieutenant – died when doctors and hospital staff failed to appropriately provide medical treatment for her post-partum hemorrhaging, her lawsuit asserts. The California Court of Appeals has denied her claim based on the Ferris Doctrine. Her husband has now petitioned the Supreme Court to review this case. As San Diego medical malpractice lawyers, we believe all those harmed due to medical errors are entitled to access to justice.

For more information or if you believe that you or a loved one has been harmed due to medical negligence, please contact the dedicated San Diego medical malpractice lawyers at Bostwick Peterson, LLP for an immediate consultation.

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