Military Medical Malpractice Law under Personal Injury
✅ Military Medical Malpractice Law – Under Personal Injury
Military medical malpractice refers to medical negligence by military healthcare providers (doctors, nurses, corpsmen, etc.) while treating active-duty service members, veterans, or their families.
However, unique legal doctrines apply, and not every injured party can sue the military, especially if the injured person is an active-duty member.
⚖️ Legal Foundation: Personal Injury & Medical Malpractice
Medical malpractice is a subset of personal injury law involving negligence by a medical professional that causes harm to a patient. Like any personal injury case, the plaintiff must prove:
Duty of care
Breach of duty (negligence)
Causation
Damages
In military contexts, sovereign immunity and the Feres Doctrine often block or limit lawsuits.
🔒 Key Legal Barrier: The Feres Doctrine
➤ What is the Feres Doctrine?
Established in Feres v. United States, 340 U.S. 135 (1950), it bars service members from suing the federal government under the Federal Tort Claims Act (FTCA) for injuries that are "incident to military service."
➤ Impact:
Active-duty service members cannot sue for medical malpractice if the injury occurred during service.
Applies even if malpractice is obvious and occurred in a military hospital.
This doctrine has drawn significant criticism.
🧑⚖️ Key Case Law
1. Feres v. United States, 340 U.S. 135 (1950)
Facts:
A soldier died in a barracks fire due to a defective heating system. The family sued the government.
Holding:
The Supreme Court ruled that the U.S. government is not liable under the FTCA for injuries to service members “incident to service.”
Importance:
It created the Feres Doctrine, severely limiting military malpractice claims by service members.
2. United States v. Johnson, 481 U.S. 681 (1987)
Facts:
A Navy helicopter pilot died due to alleged negligent air traffic control.
Holding:
The Feres Doctrine barred the claim, even though negligence occurred from non-military personnel.
Importance:
Reaffirmed Feres Doctrine applies even if negligence was not directly from military personnel.
3. Berry v. United States, 107 F. Supp. 2d 978 (E.D. Mo. 2000)
Facts:
A military dependent (not active-duty) sued for malpractice during childbirth.
Holding:
Because the plaintiff was a civilian dependent, the FTCA applied, and the case could proceed.
Importance:
Dependents, retirees, and veterans may have valid claims under FTCA if treated negligently in military facilities.
4. Daniel v. United States, 889 F.3d 978 (9th Cir. 2018), cert. denied (2019)
Facts:
A Navy lieutenant died from malpractice. His widow sued under FTCA.
Holding:
Claim was barred under Feres Doctrine.
Dissent:
Judge criticized the doctrine, arguing it was overly broad and unjust.
⚖️ Exceptions & Recent Changes
✅ 2019: National Defense Authorization Act (NDAA) Reform
Under the 2020 NDAA, Congress created an administrative claims process for certain military medical malpractice cases involving active-duty members.
➤ Key Features:
Allows claims only for medical malpractice at military treatment facilities.
Does not allow lawsuits in federal court, only administrative compensation.
Claims must be filed within 2 years of the incident.
Max claim: $100,000 (paid directly). Higher claims require Treasury approval.
➤ Limitations:
Only applies to medical (not combat-related) malpractice.
No judicial review—claims are evaluated by the DoD.
👥 Who Can Sue the Military for Medical Malpractice?
| Person Type | Can Sue Under FTCA? | Notes |
|---|---|---|
| Active-duty members | ❌ Generally No | Barred by Feres Doctrine. Limited admin process post-2020 NDAA. |
| Veterans | ✅ Yes | If treated in VA or military facility negligently. |
| Military dependents | ✅ Yes | FTCA applies. Must meet normal negligence standards. |
| Civilian employees | ✅ Yes | Can sue under FTCA for injuries at military hospitals. |
📝 Elements of a Military Malpractice Claim (For Eligible Plaintiffs)
Duty: Government had a duty to provide competent medical care.
Breach: Medical provider deviated from standard of care.
Causation: The breach caused injury.
Damages: Physical, emotional, or financial harm resulted.
🧾 Filing Under FTCA (For Eligible Claims)
File an SF-95 Form with the appropriate federal agency.
Statute of Limitations: 2 years from the date of injury.
Claim must include specific damages sought.
✅ Summary
| Key Doctrine / Rule | Effect on Claims |
|---|---|
| Feres Doctrine | Bars active-duty lawsuits for injuries incident to service. |
| FTCA | Allows suits by civilians, dependents, and veterans. |
| 2020 NDAA Reform | Limited admin claims process for active-duty med-mal cases. |
| Berry v. U.S. | Dependents can sue under FTCA. |
| Feres v. U.S. | Created sweeping bar on active-duty claims. |
✅ Practical Tip:
If you or someone is exploring a military malpractice claim, the key is determining status at time of injury (active-duty, civilian, dependent) and whether the incident occurred in the line of service. That will determine whether a claim is allowed.
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