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    Federal Torts and The Military Claims Act

    Injury claims against the United States Government are some of the most
    challenging cases in the practice of law. As a general rule the U.S. Government
    has the protection of “sovereign immunity” stemming from the traditional legal
    concept that “the king can do no wrong”.

    CASE IN POINT – THE FERES DOCTRINE

    The U.S. Government’s Feres Doctrine prevents members of the military from
    suing the government for medical malpractice. In 1950, the Supreme Court
    passed the Feres Doctrine and although there have been many attempts since to
    overturn it and allow service members the same rights as everyday citizens, none
    have been successful.

    THERE ARE EXCEPTIONS for family Members and other Injuries

    Because the U.S. is not a monarchy our democratic system has seen fit to pass
    certain laws by which injured military personnel and their families may seek
    compensation.

    Federal Tort Claims Act (FTCA) if injured stateside
    Military Claims Act (MCA) if injured overseas

    Side stepping the government altogether – an attorney experienced in this
    area of the law can be helpful in determining how to bring a case even if a service
    member was injured or died on active duty. There are times when a member of
    the armed forces is injured or killed as a result of a damaged or defective product
    that was sold to the military. In some cases it may be possible to bring a personal
    injury or wrongful death lawsuit against the manufacturer of the defective
    products.

    LEGAL CONSULTATION

    If you or a family member has suffered a serious, permanent injury related to
    medical malpractice in a military or veterans administration hospital or a defective
    product used by the military it is important that you speak with an attorney
    experienced with bringing claims under the Federal Tort Claims Act and Military
    Claims Act.  Most of these lawyers will provide free consultations to help
    determine if you have a valid medical negligence or product liability case.
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