Feres Doctrine

[eric]

EXPLANATION OF THE FERES DOCTRINE AS IT RELATES TO MEDICAL MALPRACTICE IN THE MILITARY So that all members of the Veterans? Voting Bloc, both active duty, vets and retiree/vets, along with their family members may understand their rights, or lack of the same under this Doctrine, I will attempt to explain the rudimentary aspects below. Basically the Feres Doctrine bars anyone on active military from suing the government on a personal injury claim, to include, but not limited to medical malpractice. The doctrine further bars dependents and loved ones from suing for any losses they suffer due to the harm done by any medical malpractice on the active duty member, including loss of consortium etc. A dependent, or retired military person may sue the government for malpractice to himself or herself, since the Feres Doctrine does not apply to them. The doctrine is based on a legal case involving a plaintiff named Feres. The rationale behind the ruling was that it would be imprudent to allow active duty personnel to sue the government for personal injury, because it would open a Pandora?s Box for everyone wounded in action, or in training exercises to sue for their damages. That part of the Doctrine is obviously sound. However, there is absolutely no reason that someone who loses a leg from straight out malpractice during peacetime should be painted with the same broad brush as someone who is wounded in combat. The difference is obvious, and unjustifiable. In our opinion this is just another way of balancing the budget, or a futile attempt at the same, on the backs of the military, retirees and vets. The law definitely needs to be changed. Meanwhile, a few tips involving medical malpractice against the military for retirees, vets and dependents of active duty, retirees and vets: 1. All military medical facilities and VA medical facilities are subject to medical malpractice claims filed within the statute of limitations, which is normally within two years from the time of the actual damage. There are some exceptions to that rule, however. 2. An administrative claim must be filed with the military command or the VA facility where the malpractice occurred, before suit may be filed in the Federal District Court. The government has six months to investigate the claim and settle the matter or deny it. It is not necessary to retain an attorney for this procedure ? all you have to do is file an SF-95 for the Army, or other appropriate forms for other branches, or the VA, in a timely manner. It has been my experience, from both the defense and the plaintiff side, that those people who do allow a competent attorney to handle their case immediately tend to get a larger settlement, or court judgment, and get it quicker. Of course, the attorney will get a percentage of the award, which is limited by law to 20% if the case is settled before a lawsuit is filed, or 25% of the award if received after a lawsuit is filed. It is a tough call and that is a personal decision you will all have to make if you find yourself in this situation. 3. Records have a tendency to disappear when a malpractice claim is filed, therefore, I advise that you request a copy of every medical procedure and report involving your treatment EVERY time ? it is your right. Personally, I request a copy of every x-ray as well. They might get worried and even angry if you ask for copies of everything, so I simply tell them I travel a lot and need duplicate records in case I become ill on a trip. That is the absolute truth, since I do, in fact travel a lot. Of course, I do not mention the fact that I am usually traveling on a medical malpractice case. Whatever truthful method you use to get your medical records copied will suffice. 4. I also advise people to take witnesses along to the doctor when possible, and of course, get a second opinion if you have any doubts ? do not be intimidated into accepting an opinion you are not comfortable with. Do not get the wrong impression here ? I am not implying that all doctors are committing malpractice. That is far from the truth. It is way more prevalent than you probably know, but I have been on the inside. Most physicians are very competent and caring individuals. The problems usually arise from the system, and a lack of continuity of care, budgetary constraints, etc. Whatever the cause, if you suspect something is wrong, go with your gut instinct and do not be swayed by the most common defensive bluff ? ?that is just part of the risks of the procedure.? The fact that you may, or may not sign an informed consent, does not cover negligence, only normal risks. Additionally, there are many mistakes made which are not covered in the consent form. 5. The bottom line is that you need to protect your interests ahead of time, since, for whatever reason, medical records are likely to disappear and testimonies frequently change after a claim is filed. I will be sending out these informative letters to my clients and friends in the monthly magazine for the ?Veterans? Voting Bloc?, which will start next March. Let me know if you want to subscribe. The magazine will also have a legislative update section, and many other items of interest to the members of the VVB and other vets and supporters.

Philip Earl Jones, USA, RET Attorney at Law National Director, Veterans' Voting Bloc, 126 E. Main Plaza, Ste. 6 San Antonio, TX 78205 web site: www.thetexasfirm.net , or www.vets-voting-bloc.org Phone: (210) 224-1468; Fax: (210) 227-4229

veterans_voting_bloc@yahoo.com
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Thanks,

eric

[Boats]

Eric,

That was some interesting reading. I appreciate you letting us know all of this. I only hope I never have to sue the government the undertaking would be too much to handle. But at least those who've been malpracticed can.

Once again thank you for the information.