Most people likely do not realize military medical personnel are exempt from malpractice lawsuits by law. Not surprisingly, many veterans and military families oppose the law. That shield is now being challenged in a case that may be heard by the US Supreme Court.
The Court is deciding whether to hear a case that revolves around the death of Air Force Staff Sgt. Dean Patrick Witt. Witt was hospitalized in 2003 for a normal appendectomy. A nurse incorrectly inserted a breathing tube into his esophagus, depriving his brain of oxygen.
In 1950, the US Supreme Court made a ruling, which developed the
Feres Doctrine. The doctrine essentially places medical mistakes on the same level as battlefield wounds. Overturning the law would likely open the federal government to having to pay liability claims to the tune of billions of dollars.
The Feres Doctrine has been challenged before, and barely survived being repealed in a 5-4 US Supreme Court decision in 1987. Since then, there has been a litany of veterans groups, military officers, and lawmakers showing support for repealing the law.
Multiple briefs have been filed in Witt's case in an effort to show the justices the level of public interest in repealing the law. The Court will decide next month if this case is the correct vehicle in which to hear the next challenge to the doctrine.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits
contact our veterans disability rights firm today - 1-888-234-5758.
Category: Veterans' Disability
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Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.