In 1950 the Supreme Court decided a case called Feres v. United States in which it ruled that active duty personnel injured “incident to service” cannot file claims against the United States under the Federal Tort Claims Act. Receiving treatment at government facilities has been deemed an activity “incident to service”.
Why can’t active duty personnel sue the United States government for medical malpractice?
January 18th, 2008 | Federal Tort Claims Act, Frequently Asked Questions, Military Medical Malpractice
