TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Wednesday, November 25, 2015

Stein & Fox on Military Medical Malpractice

I referenced the Feres Doctrine yesterday.  Over at Bill of Health, there is a post about an amicus brief filed by Alex Stein and Dov Fox urging the Supreme Court to grant cert in a Tenth Circuit case, Ortiz v. U.S.:

When a civilian spouse of a serviceman receives negligent prenatal care from military doctors and delivers an injured baby as a result of that malpractice, there is no question that Feres immunity does not apply and that the baby can sue the United States under the FTCA. When military medical malpractice injures the baby of a servicewoman, this baby should be equally able to obtain redress under the FTCA.  A system that would single out the civilian children of servicewomen for adverse treatment discriminates against women who serve in the armed forces. . . To interpret the FTCA as the Tenth Circuit did permits discrimination between these two classes of similarly situated victims of military malpractice and violates fundamental principles of equal protection.

The brief is here:  Download OrtizAmicusSteinFox

https://lawprofessors.typepad.com/tortsprof/2015/11/stein-fox-on-military-medical-malpractice.html

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