Legislation Would Allow Servicemembers to Sue for Malpractice

CQ reports, "Legislation that would empower military servicemembers to sue the government for medical malpractice is scheduled to be marked up Tuesday by a House Judiciary subcommittee." In 1950, the Supreme Court ruled in Feres v. United States, that the federal government is not liable for such claims. The new legislation, called "Hinchey's bill," would permit "servicemembers or their survivors to sue for damages if personal injury or death allegedly resulted from 'a negligent or wrongful act or omission' by government medical personnel."

The Hampton Roads Virginian-Pilot adds, "The legal precedent barring negligence lawsuits on behalf of military service members goes back nearly 60 years, to a 1950 Supreme Court ruling on a series of cases that became known as the Feres Doctrine." Now, "a vocal group of military families, lawyers and members of Congress say the precedent renders service members second-class citizens and should be overturned."