Efforts to Overturn the Feres Doctrine Gain Traction in Washington

stethoscope placed on military attireAt ISMIE, we work to keep you informed about courtroom and legislative issues that could affect your practice and the general medical liability landscape. Here’s one nearly 70 years in the making.

The Feres Doctrine – a 1950 U.S. Supreme Court ruling used as precedent to bar military members injured as a result of military service from suing the federal government – is getting fresh attention in Congress and, once again, in the nation’s highest court.

In U.S. House hearings earlier this month and in a case currently under consideration by the U.S. Supreme Court, there’s growing discussion about whether Feres should be overturned. Feres – filed in 1947 by a military widow whose husband perished during a barracks fire - held that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty or not on furlough.

ISMIE News will continue to cover this case as developments warrant.