December 20, 2019

THE FERES DOCTRINE WAS A DUMB JUDICIAL INNOVATION, AND I’M GLAD TO SEE CONGRESS ADDRESS IT BY STATUTE: Military Can No Longer Avoid Medical Malpractice Claims. “A provision tucked into the massive defense-spending bill creates a medical-malpractice exception to a 1950 U.S. Supreme Court decision in a case called Feres v. United States, which bars active-duty military personnel from suing the government for damages. The so-called Feres Doctrine has prompted courts to throw out dozens of medical malpractice complaints and discouraged countless plaintiffs from even filing suit.”

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