| . |
| MILITARY ATTORNEYS ONLINE |





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.
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. |
