View Full Version : Feres Doctrine Repeal?

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07-10-2009, 08:24
An Air Force Times article is reporting in its 13 July 2009 issue that there is an active move to repeal the Feres Doctrine:

" The effort to give service members the right to sue the government for medical malpractice for injuries unrelated to thier service is gaining momentum. On June 24, Sen. Charles Schumer, D-NY, followed the lead of Rep. Maurice Hinchey, D-NY, when he initroduced the Senate version of the Carmelo Rodriguez Military Medical Accountability Act, which would allow service members to sue the military for negligent medical, dental or related health care-leagle action currently banned under the so-called Feres Doctrine. It would limit all such Federal Tort Claims Act suits to peacetime injuries and none "arising out of combatant activities of the Armed Forces during time of armed conflict"".

The article goes on to say," Schumer's bill, named for a Marine who died after his malignant melanoma was misdiagnosed, will now be considered by the Senate Judicary Committee. Sen. Lindsey Graham, R-SC, an Air Force Reserve judge advocate. Graham believes military doctors who make mistakes should face discipline but not lawsuits. The House Judiciary Committee is scheduled to vote on Hinchey's proposal sometime after the July forth recess".


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