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| MILITARY ATTORNEYS ONLINE |





THE FERES DOCTRINE The Feres Doctrine, established in 1950, is a rule which provides legal immunity to the United States Military in personal injury cases. No suit against the government is allowed when the victim of a personal injury is an active duty member of the Army, Navy, Air Force, Marines or Coast Guard and the harm was caused by the negligence of the United States military.
from suing the government regardless of whether the crash was caused by the negligence of a military mechanic, dispatcher, pilot or air traffic controller. Military Medical Malpractice In the case of military medical malpractice, the doctrine bars the service member or surviving family form bringing a lawsuit against a military doctor, nurse, hospital or medical facility. As you may well imagine, the Feres Doctrine is very controversial. The doctrine allows the all branches of military to avoid responsibility for not just simple negligence, but for gross negligence as well. Because of its unfairness, Congress has repeatedly been asked to abolish the rule, or at least limit it. But the Feres Doctrine remains the law. As long as the victim was an "active" service member, and the injury or death was "incident to service," the military is immune from suit. You can read the full Supreme Court decision here: Feres v. United States 340 U. S. 135 |

| New Challenge to the Feres Doctrine APRIL 2011 |