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[Veteranissues] Feres Doctrine, High Court May Hear Claim Of Medical Malpractice In Military

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Subject: [VeteranIssues] Feres doctrine, High court may hear claim of medical malpractice in militaryDate: Apr 25, 2011 1:06 PM


By Mitch Stacy

The Associated Press

BRADENTON, Fla. -- Veterans, military families and others who oppose a decades-old law that shields military medical personnel from malpractice lawsuits are rallying around a case they consider the best chance in a generation to change the widely unpopular protection.

The U.S. Supreme Court has asked for more information from attorneys and will decide next month whether to hear the case of a 25-year-old noncommissioned officer who died after a nurse put a tube down the wrong part of his throat.

If the law is overturned, it could expose the federal government to billions of dollars in liability claims. That makes it highly unlikely that a divided Congress desperate to cut expenses will act on its own to change the Feres Doctrine, a 1950 Supreme Court ruling that in effect equates injuries from medical mistakes with battlefield wounds.

"We've given them a case that presents them with the best opportunity to fix this in a long time," said Jamal Alsaffar, whose Austin law firm represents the family.

"They're the ones who broke it, so they are in the best position to fix it."

Read more: http://www.star-telegram.com/2011/04/22/3020824/high-court-may-hear-claim-of-medical.html#tvg#ixzz1KZELujza

From: Dan Cedusky, Champaign IL, Col, AUS, Ret,

Life member: Am Legion, DAV, AMVETS, MOAA, NGAUS, IL SAL, NGAIL

IL State Director USDR

Invite me to your facebook page http://www.facebook.com/dan.cedusky

Pass the word about Free email news about Veteran issues to other Vets & Posts.


"Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:



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