Legal Question in Military Law in Virginia
Can the military be held liably for denial or failure to provide medical treatme
Can the Navy be held liable for denial or failure to provide medical treatment?
1 Answer from Attorneys
Re: Can the military be held liably for denial or failure to provide medical tre
Depends.
Who was injured?
Who wants to sue?
The United States has sovereign immunity from lawsuits except where Congress permits that. In general a tort claim for medical malpractice against the United States would fall under the Federal Tort Claims Act. However, the Feres Doctrine bars lawsuits by servicemembers, and in some cases their family. Feres was created by the Supreme Court in the 1950's and despite many attempts, Congress has been unwilling to change this judge made law.
Thus, the questions: who was injured and who is suing.
Sincerely.
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