• 22
  • July
    2011

In our previous post, we noted that the Supreme Court recently refused to hear a case challenging a 61-year-old legal precedent which prevents military members from filing medical malpractice claims against military medical personnel.

Following the court's decision, the attorney representing the deceased man's family has expressed hope that Congress would pass legislation that would overturn the doctrine. While legislative efforts in recent years have not been successful in changing the law, sources said the family will continue to urge Congress to make changes anyway.

Shortly after the high court's decision was given, U.S. Representative Maurice Hinchey said he would begin working on reintroducing legislation in the coming to change the law. But according to sources, the effort to challenge the law-which has already faced legal challenges and congressional efforts to overturn it over the years-is likely to be met with difficulties.

Back in 2009, a bill co-sponsored by Rep. Hinchey did gain some support, but not enough to pass. Republican legislators criticized the law, pointing out that it would make the military vulnerable to expensive lawsuits and benefit trial attorneys more than family of military service men and women.

There is some disagreement over how expensive changing the law could become. According to the Congressional Budget Office, changing the law could cost the federal government an average of $135 million per year in medical malpractice claims. If the law were to be made retroactive, the costs could add up to $2.7 billion over the next 10 years. But others say changing the law would increase the level of care in military hospital, resulting in fewer negligence claims.

While the Feres Doctrine still stands, activists are now hoping advances will be made in Congress.

Source: Fox News, "US rep. to renew bill over military medical suits," 28 June 20011.