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WEDNESDAY, NOVEMBER 25, 2009
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Military Families Fight for Right to Sue

High court ruling forbids suits against military hospitals

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(Newser) – Many grieving families are outraged that they cannot sue over medical malpractice in military hospitals, the Los Angeles Times reports. Some have seen sons and husbands—all active duty service members—die in hospitals where resources are stretched thin. But a 1950 Supreme Court ruling created the Feres doctrine, which protects military doctors and their staffs from malpractice suits.

Backers of the ruling say such suits would "have dire implications" for the US military. "Nobody wants some judge meddling in military matters," one lawyer said. But a non-profit group has risen to repeal it, and lawmakers have vowed to help. Said Rep. Maurice D. Hinchey: "No service member should ever become sick or die as the result of poor military medical care."

A series of major errors in post-op care led to the death of Staff Sgt. Dean Witt, but Feres vs. United States leaves his widow with no legal recourse against the military hospital.
A series of major errors in post-op care led to the death of Staff Sgt. Dean Witt, but Feres vs. United States leaves his widow with no legal recourse against the military hospital.   (Flickr)
A six-decade-old Supreme Court decision prevents Service members from suing military doctors for malpractice, even if the errors were intentional.
A six-decade-old Supreme Court decision prevents Service members from suing military doctors for malpractice, even if the errors were intentional.   (AP Photo/Christopher Berkey)
Troops whose diagnoses were missed by military doctors, or who received poor care while active service members, may not make malpractice claims; nor can their widows.
Troops whose diagnoses were missed by military doctors, or who received poor care while active service members, may not make malpractice claims; nor can their widows.   (Flickr)
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