Supreme Court rejects bid to overturn prohibition on military malpractice casesMilitary Times By: Leo Shane III May 20, 2019
Thomas wrote that by refusing to re-examine the issue, the Supreme Court has allowed the Feres doctrine to be twisted and strengthened over the years. He also lamented that Congress could find ways to address the issue “but it did not.”
The Supreme Court in Washington, D.C. is shown in January 2019. On Monday, the court opted not to hear a case which challenged the legal precedent barring individuals from suing the military for medical malpractice. (J. Scott Applewhite/APThe Supreme Court again on Monday opted not to hear a challenge to the legal precedent barring individuals from suing the military for medical malpractice, a decision blasted by Justice Clarence Thomas as short-sighted and unfair.
“Unfortunate repercussions — denial of relief to military personnel and distortions of other areas of law to compensate — will continue to ripple through our jurisprudence as long as the Court refuses to reconsider (this issue),” Thomas wrote in his dissent to the court’s decision not to take up the challenge.
The move once again shifts from the courts to Congress debate on how to fix problems surrounding the Feres Doctrine, a 1950 Supreme Court decision that blocks troops from claiming medical malpractice damages for actions related to their military service. At the time, the court found that military personnel injured by the negligence of another federal employee cannot sue under the Federal Tort Claims Act.
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