Legal action against the military has long been a complex and challenging process.
Military service members and their families often face legal barriers when trying to seek compensation for injuries, wrongful death, or negligence caused by operations or healthcare providers.
The Feres Doctrine, established in 1950, has been a key factor in limiting these claims. However, legal changes like the Stayskal Act and adjustments to the Feres Doctrine have opened pathways for specific types of claims.
Knowing your rights and legal options when dealing with the military is crucial for a successful case.
Types of Claims Against the Military
Pursuing legal action against the military can involve several types of claims, each governed by specific legal statutes and limitations.
Medical malpractice, wrongful death, and personal injury are among the most frequently filed cases.
Medical Malpractice
Medical malpractice remains a common basis for legal action against the military.
Hospitals and healthcare providers have faced numerous lawsuits involving medical errors and negligence.
Under the Stayskal Act and certain exceptions to the Feres Doctrine, active-duty service members can now seek compensation for injuries caused by medical malpractice.
Common forms of medical malpractice include:
Dependents and veterans are also eligible to file medical malpractice claims under the Federal Tort Claims Act (FTCA).
Successful cases often hinge on medical records and expert testimony demonstrating negligence by military healthcare providers.
Wrongful Death
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Wrongful death claims may be filed under the Military Claims Act (MCA) when military action or negligence results in the death of a civilian or dependent.
Wrongful death lawsuits provide a path for compensation related to lost income, funeral expenses, and emotional suffering.
Key factors in wrongful death cases include:
Wrongful death claims by active-duty military personnel or their families for incidents occurring during service are typically barred under the Feres Doctrine.
Seeking legal advice can clarify eligibility and increase the chances of a successful claim. If you need some help with this case, visit rosenfeldinjurylaw.com.
Personal Injury and Property Damage
Personal injury and property damage claims against the military are allowed under both the FTCA and MCA.
Civilians and dependents may seek compensation when activity or negligence causes harm or damage.
Types of personal injury and property damage claims include:
- Military vehicle accidents โ Injuries caused by collisions involving vehicles on or off base.
- Training-related accidents โ Injury to civilians or dependents due to exercises or equipment failure.
- Property damage โ Destruction or damage to civilian property during operations or exercises.
Claims must be supported with accident reports, witness statements, and evidence of negligence.
A successful case often depends on demonstrating that the military failed to exercise reasonable care in preventing injury or property damage.
Historical Context and Legal Foundations
Legal action against the military has been heavily influenced by historical rulings and legal frameworks established over decades.
Sovereign immunity, the Feres Doctrine, and the Federal Tort Claims Act (FTCA) have shaped how service members and their families can pursue compensation for injuries and wrongful death.
Feres Doctrine
Iโve covered Feres a few times. Every so often, a case rises to the Supreme Court to challenge Feres. Thomas, Scalia and Ginsburg over the years have all agreed the court in 1950 shouldnโt have ruled the way they did. To overturn Feres, Congress would need to reform the FTCA. https://t.co/NiEn94WDRk
โ Jim LaPorta (@JimLaPorta) February 25, 2025
The Feres Doctrine was established by the Supreme Court in 1950 to uphold the principle of sovereign immunity. Sovereign immunity, derived from English common law, protects governments from being sued without their consent.
The Feres Doctrine prevents active-duty military personnel from suing the federal government for injuries sustained while on duty, including those resulting from medical malpractice and personal injury caused by military operations or training exercises.
Key elements of the Feres Doctrine include:
- Established in 1950 by the U.S. Supreme Court
- Rooted in the concept of sovereign immunity, which shields the government from lawsuits
- Bars active-duty service members from suing the government for injuries sustained while performing military duties
- Extends to medical malpractice and personal injury claims connected to military service
The Feres Doctrineโs broad protections have faced significant criticism over the years.
Service members and their families have argued that it creates an unjust double standard, allowing civilians to sue for similar injuries while active-duty personnel remain restricted.
Despite the limitations, courts have allowed certain exceptions under specific circumstances.
Exceptions to the Feres Doctrine include:
- Medical Malpractice at Military Hospitals โ Some claims have been allowed when clear negligence by military healthcare providers resulted in injury or death.
- Exposure to Hazardous Conditions โ Cases involving exposure to toxic substances, such as contaminated water at military bases, have opened pathways for compensation.
- Non-Combat-Related Injuries โ Injuries caused by defective equipment or military vehicles in non-combat situations have occasionally qualified for claims.
The Feres Doctrineโs reach extends across most aspects of military life, making it one of the most significant legal barriers to filing claims against the government.
However, legal changes in recent years have started to challenge these restrictions, creating new avenues for claims under specific circumstances.
Federal Tort Claims Act (FTCA)
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The Federal Tort Claims Act (FTCA), enacted in 1946, was designed to provide a legal path for civilians and military dependents to sue the federal government for negligence.
Before the FTCA, individuals had almost no recourse for damages caused by government employees or agencies.
The FTCA created a structured process for filing claims related to personal injury, property damage, and wrongful death caused by federal employees acting within the scope of their duties.
Key elements of the FTCA include:
- Passed in 1946 to establish a legal path for suing the federal government
- Covers personal injury, property damage, and wrongful death
- Allows claims against government employees acting within the scope of their official duties
- Requires an administrative claim to be filed before proceeding with a lawsuit
The FTCA allows dependents of military personnel to file claims under specific conditions.
Veterans and dependents can seek compensation for medical malpractice and personal injury caused by military healthcare providers or base operations.
However, the FTCA explicitly excludes active-duty service members from filing claims related to injuries sustained during service.
Cases allowed under the FTCA include:
- Medical Malpractice at Hospitals โ Veterans and dependents can file claims for incorrect diagnoses, surgical errors, and prescription mistakes.
- Property Damage Caused by Operations โ Damage caused by vehicle accidents or training exercises falls under FTCA coverage.
- Wrongful Death Claims โ Dependents of service members may seek compensation for wrongful death resulting from negligence by healthcare providers or other activities.
The FTCA established a formal process for filing claims. Claimants must gather evidence, file an administrative claim within two years of the incident, and wait for the governmentโs response before pursuing further legal action.
If the government denies the claim, the individual can file a lawsuit in federal court.
Legal barriers under the Feres Doctrine and the FTCA have shaped how military-related claims are handled for decades.
Key Legislative Changes and Exceptions
Legal action against the military has traditionally faced significant barriers due to the Feres Doctrine.
Over time, pressure from veterans, military families, and legal experts has led to legislative changes aimed at creating more opportunities for claims against the military.
The Stayskal Act and the 2022 adjustments to the Feres Doctrine represent two of the most significant developments in this area.
Both changes have opened new legal pathways for service members and their families, particularly in cases involving medical malpractice and environmental exposure.
The Stayskal Act
Richard Stayskalโs case became a turning point in military medical malpractice law.
Stayskal, a Green Beret and combat veteran, was misdiagnosed with lung cancer despite showing clear symptoms during a routine medical examination.
Military healthcare providers failed to diagnose the cancer in time, leading to its progression to a terminal stage. Stayskalโs case highlighted severe gaps in accountability and the inability of service members to seek justice for medical negligence.
The Stayskal Act, passed in 2019, allows active-duty military personnel to file medical malpractice claims under certain circumstances.
Previously, the Feres Doctrine barred such claims, leaving injured service members with little to no legal recourse. The Stayskal Act created a limited but important exception to this long-standing rule.
Types of claims allowed under the Stayskal Act include:
- Misdiagnosis of medical conditions โ Failure to identify serious illnesses like cancer, heart disease, and neurological disorders.
- Delayed diagnosis and treatment โ Negligence resulting in worsened health outcomes due to a lack of timely medical attention.
- Surgical and prescription negligence โ Errors during surgery, improper medication prescriptions, and harmful drug interactions.
Military personnel seeking compensation under the Stayskal Act must provide detailed evidence of medical negligence. Claims are processed through the Department of Defense (DoD), which conducts an internal review before determining compensation.
The Stayskal Act does not grant the right to sue in federal court, but it does provide a direct path for financial recovery through the DoD.
2022 Adjustments to the Feres Doctrine
Legal adjustments in 2022 further weakened the scope of the Feres Doctrine, especially concerning environmental and health-related injuries.
For decades, military personnel and their families have suffered health issues due to exposure to contaminated water and hazardous materials at bases.
@augerinjurylaw DO YOU KNOW how to file a claim for the Camp Lejeune Lawsuit? #camplejeune #camplejeunenc #camplejeunewatercontamination #camplejeunewaterlawsuit #toxicwater #personalinjurylawyer #camplejeunejusticeact #augerlaw #lawyer #attorney #wewin4you โฌ Aesthetic – Tollan Kim
The contamination at Camp Lejeune became one of the most well-known cases, where thousands of service members and their families developed cancers, neurological issues, and reproductive problems due to long-term exposure to toxic chemicals.
Under the 2022 adjustments, personnel and their families gained the right to file claims for health-related damages caused by environmental exposure.
Additional claims now allowed under the adjusted Feres Doctrine include:
- Exposure to hazardous materials โ Includes exposure to chemicals, heavy metals, and radioactive substances.
- Environmental contamination โ Covers cases where polluted water, air, or soil at military bases caused health complications.
- Long-term health impacts โ Compensation for chronic illnesses, birth defects, and reproductive issues linked to environmental exposure.
Camp Lejeune claims became a focal point under the new legal framework. Over 93,000 claims were filed within the first year of the adjustment’s implementation.
Compensation for these cases has included coverage for medical treatment, lost wages, and damages related to pain and suffering.
The Bottom Line
Legal action against the military presents significant challenges, but recent changes to the Feres Doctrine and the Stayskal Act have created new opportunities for service members and their families.
Consulting an experienced attorney increases the chances of success when navigating the legal process.
A strong case supported by thorough documentation and legal expertise can lead to compensation for injuries, wrongful death, and medical malpractice caused by negligence.
