A recent AAJ article reports that a petition is pending requesting that the Supreme Court allow active duty military personnel to sue the government. Petty Officer Nathan Hafterson died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing. His attorneys state that it would put military members on the same footing as civilians under the Federal Tort Claims Act. This malpractice action was denied by the lower courts because a federal law (known as the Feres doctrine) prohibits active military members from suing the US government.
House Committee Approves Bill Allowing Military Med Mal
October 8, 2009
The AAJ, citing the Pittsburgh Tribune-Review, reported today that ” The House Judiciary Committee has approved a bill to give active duty members of the military the right to file medical malpractice suits against the government.