Readers of this blog know that active duty service men and women are unfairly prevented from bringing lawsuits for negligence occurring while they are active military by the Feres Doctrine.

This has been the case since the 1950s (and the Supreme Court decision in Feres v. United States). Now, apparently, a dent has been made in this doctrine.

A provision in the 2020 Defense spending bill will now allow active duty military to file administrative claims when they believe they were harmed due to the negligence of a military doctor.

Once the injured serviceperson files a claim, the federal government can either agree with it and compensate the injured person, or deny it. The problem with this “change” to the Feres Doctrine is that it gives the injured person no recourse if his or her claim is denied. This is unlike everyone else who sues the federal government claiming medical negligence, who can file a lawsuit if their claim is denied.

When President Trump signs the bill into law, it will be unclear how much has changed. Given that the federal government – the entity which the claim is made against – is in charge of the claim process, it remains to be seen whether any claims are found to be meritorious, and thus whether anything has in fact changed.

You can read more about this here: A dent to Feres: Troops to be able to file claims — but not sue — for medical malpractice