AI Article Synopsis

  • Medical malpractice lawsuits in the military have been limited for a long time because of a rule called the Feres Doctrine, established in 1950, which says active military members can't sue for malpractice.
  • This rule has been challenged more often recently, as many malpractice cases have been thrown out.
  • In 2020, a new law created a group to review and settle these medical malpractice claims in the military's healthcare system, marking the first big change to the Feres Doctrine in 70 years.

Article Abstract

Medical malpractice suits within the military have historically been limited by the Feres Doctrine, a legal precedent arising from a Supreme Court decision in 1950, which stated that active-duty personnel cannot bring suit for malpractice against either the United States government or military healthcare providers. This precedent has increasingly become a focus of discussion and reform as multiple cases claiming malpractice have been dismissed. Recently, however, the National Defense Authorization Act of 2020 initiated the first change to this precedent by creating an administrative body with the sole purpose of evaluating and settling claims of medical malpractice within the military's $50 billion healthcare system. This article seeks to present the legal history related to military malpractice and the Feres Doctrine as well as discuss the potential future implications that may arise as the Feres Doctrine is modified for the first time in 70 years.

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Source
http://dx.doi.org/10.3171/2020.8.FOCUS20594DOI Listing

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