Our nation’s service members are essential to protecting our way of life, democracy and constitutional rights. They deserve the gratitude of United States citizens and the global community.
And, as a service member, you understand the risk your duty entails and that at any time, you may have to lay your life on the line. But what if you’re injured, not in the line of duty, but at the hands of your employer? Can you hold the military accountable for the damage they caused?
The Feres Doctrine
You must overcome several obstacles to bring a case against the United States military. The main one is the Feres Doctrine, which prevents active-duty service members from suing for injuries that happened during activities related to military service.
The reasoning behind this Supreme Court ruling is that allowing lawsuits by active-duty members against the military could impact their system of discipline and interfere with their function and readiness.
However, the Feres Doctrine has been heavily criticized because it leaves service members with limited options for holding the military responsible in cases of negligence. In recent years, lawmakers have worked to rectify some aspects of the Feres Doctrine. The Carmelo Rodriguez Military Medical Accountability Act of 2009 allows current military members to seek damages for injuries caused by medical malpractice. The other is the Richard Stayskal Medical Accountability Act, which allows medical malpractice claims against the Department of Defense (DOD) for injuries or deaths caused by medical malpractice at a DOD hospital.
Still, there are limits on how much compensation you will receive since you can’t seek punitive damages. You can only receive compensation for medical expenses and lost wages. If you want to pursue a lawsuit against the military, you will need help from someone who can review your case, help you gather documentation and present on your behalf.