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On May 20, 2019, the Supreme Court had a chance to reconsider the constitutionality of Feres and chose not to do so. It is not the first time the highest court in the land could have taken a stand. In the 1987 decision United States v. Johnson, the court barred the widow of a Coast Guard pilot killed in a rescue mission from filing a claim under the Federal Torts Claim Act (FTCA), citing Feres as the reason.
If you are a U.S. military veteran seeking medical treatment from a VA hospital, make sure you know exactly who is treating you. Does your doctor work for the VA? Or is he or she a private contractor working for the VA? The reason it matters is because if something goes wrong with your treatment and you need to file a medical malpractice claim, the amount of time you have to do so can vary greatly.
In 2016, the VA said that it was determined to reverse the rising suicide rate of veterans. Fast-forward two years later and it seems less, not more, is being done to reduce or prevent the suicide rate among veterans.
The Military Claims Act (MSA) allows for the submission of negligence claims (globally) against the U.S. government and its agencies, when its employees, while performing their duties, cause harm, property damage, or wrongful death.
The Military Claims Act (MSA) allows for the submission of negligence claims (globally) against the U.S. government and its agencies, when its employees, while performing their duties, cause harm, property damage, or wrongful death.
Post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) and other invisible injuries plague countless veterans across the country. Unfortunately, returning home from wartime and seeking treatment is not as easy or timely as it should be.
Using the phrase “incident to service,” the Feres Doctrine is able to deny compensation to many military service members unfairly. The term covers a wide range of cases including those related to sexual harassment, wrongful death, personal injury, and medical malpractice.
Inappropriate medications and dosages can be the start of a difficult road, personally, emotionally and financially. A committed California medical malpractice attorney can stand up for veterans, military service members and their families who have suffered from medical negligence at the hands of a military doctor, nurse or other healthcare professional.