TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, May 2, 2019

Congress: Bill Would Allow Troops to Sue for Med Mal

A bipartisan bill that would overrule the Feres Doctrine has been introduced in the House of Representatives:

The bill would create an exemption to the Federal Tort Claims Act — a law which allows citizens to sue the government for negligence or wrongdoing — and allow them to file medical malpractice lawsuits. However, it would only cover cases that are still pending on, or occur after the bill's passage, as a way to limit costs, according to a press release provided by  (Rep. Jackie) Speier's (D-CA) office.

Additionally, the bill would have no impact on those instances of medical malpractice that occur during combat operations, aboard ships, or at battalion aid stations.

Under the proposed bill, service members would be able to sue for malpractice that occurs at major military clinics and hospitals, where both civilians and military personnel are already treated.

Task & Purpose has the story.

https://lawprofessors.typepad.com/tortsprof/2019/05/congress-bill-would-allow-troops-to-sue-for-med-mal.html

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