If you are on active duty and suffered from medical malpractice at any military health care facility in the United States you may not bring a claim for your own injuries. You may bring a derivative claim for injuries suffered by your dependents including a birth injury suffered by your child.
This is called the "Feres" doctrine, after the U.S. Supreme Court decision, FERES v. U.S, 340 U.S. 135 (1950). Under the FERES doctrine, members of the United States armed forces are barred from making a claim against the United States for personal injury or death arising "incident to service."
Military dependents, including your children, are not barred by the FERES doctrine from bringing a claim for the physical injuries they, themselves, have suffered as a result of medical malpractice. Nor are military retirees barred by the FERES doctrine from bringing a medical malpractice claim for injuries suffered after their retirement, even if the medical treatment they received was for a service-connected injury.
Davis Levin Livingston has handled cases for military dependents under the Federal Tort Claims Act for over 30 years and have obtained some of the highest verdicts in the country. Contact us today for a free case evaluation or call (808) 740-0633.