The Feres Doctrine governs when the military is responsible for malpractice. The case upon which this Doctrine is based, Feres v. United States, prevents people in the military from getting compensation for injuries that they sustained in the course of performing their duty. There are cases, however, where military personnel have challenged this doctrine and where the challenge has originated due to instances of medical malpractice.
Recent News From the Airforce
Renal and Urology News recently reported a case where a US Airman is suing the US Government over medical malpractice. The Airman suffered an injury due to a surgery to remove is gallbladder. The surgery was botched, according to the claim, and that resulted in a situation where both of his legs had to be amputated. The lawsuit, according to the article is seeking compensation well into the millions of dollars: over $50 million when the total damages are calculated. It remains to be seen how the case will turn out.
In the Line of Duty or Not?
There are cases where military personnel have sued over malpractice based on the fact that their injuries were not related to discharging their duties. If you believe that you have been the victim of medical malpractice and that the government is unfairly using the Feres Doctrine as a shield against error, you should contact a lawyer.
You’re not likely to get straight information directly from any government agencies regarding these cases. There are good reasons, however, that you can have some trust in what a lawyer will tell you about such a case.
Meeting with a medical malpractice lawyer is usually free. This is because they work on contingency agreements. The lawyer needs to know whether you have a case before they can take it and they don’t even get paid unless they win your claim. A lawyer working on contingency has no motivation to lead you astray about your chances of winning a claim.
Getting a Dallas medical malpractice lawyer to take a look at your situation gives you the opinion of someone outside the system. This means that they’ll be looking at it from a different perspective and may well see how the government is responsible for your injuries and pain and suffering. If you believe that the Feres Doctrine doesn’t apply in your situation, make sure you speak with an attorney about filing a lawsuit for medical malpractice.