Medical malpractice not only happens to ordinary citizens of the country, but also to military personnel who sought treatment from military hospitals. However, there is a doctrine that prohibits military personnel from taking legal action against the government in case the personnel is injured or has died due to medical malpractice. In 1950, the Feres Doctrine was enacted and it has since become controversial because it does not allow active military personnel to run after the military hospital and staff even if the personnel get grossly injured or even die. Families of military personnel who have died of medical malpractice in military hospitals cannot file lawsuits and claims against the government. This is very unfortunate especially if a military serviceman is the breadwinner of the family and has lost the ability to earn income for the family. There has been a large debate as to whether this law must be abolished or not. Sadly, this is the law and everybody has to abide by it.

On the other hand, there are exemptions to the Feres doctrine as it only refers to "military personnel in active duty". If family members have been confined in military hospitals and were found to have been injured or have died because of medical malpractice, they may file for claims or compensation for personal injury or death. All other laws involving personal injury will apply to family members who have been injured or have died during their stay in the military hospitals. These personal injuries include medication errors, physician and nursing malpractice, ER errors, birth injuries, misdiagnosis and other offenses that contributed to a patient's condition or demise. If you or family members have experienced the same, seek the help of a personal injury lawyer without delay to see to it that you are compensated for your injuries or for the wrongful death of a loved one.

Still, it doesn't change the fact that the Feres doctrine discriminates against military personnel in active duty and provides very limited exemptions. There have been popular cases that involved gross negligence and the people involved have not been brought to justice nor have been dismissed from their hospital duties. If military hospitals employ incompetent physicians and nurses, they will endanger the lives of many people who seek treatment from these hospitals. One of the cases involves a nurse anesthetist who erroneously inserted a respiration tube into the esophagus instead of the trachea, the result was fatal. The serviceman died from lack of oxygen and his surviving relatives were unable to seek compensation because of the existence of the Feres doctrine.

This case is controversial because it might bring about an amendment or change in the Feres doctrine. If that happens, lots of military personnel and families who have failed to claim compensation for damages, injuries and death will be able to come out and claim what is right for them. If you are one of those people, immediately find the right personal injury lawyer who could help you run after the medical staff that committed malpractice. Also, be prepared and informed about issues concerning the Feres doctrine, if ever the law gets amended, there might be a set of time period wherein you may file your case or a loved one's, do not get left behind, always follow the news and never lose hope.