It is probably fair to say that no one wants to have to file a medical malpractice lawsuit. They can be complicated and a positive outcome is not guaranteed. Still, most are likely glad that the opportunity to do so exists should they, or someone they love, be injured due to something such as a failure to diagnose, a medication error, a birth injury or a surgical error.

Most probably assume the ability to file such a lawsuit is afforded to all citizens of the country. For those people it may come as a surprise to hear that members of the military are restricted in this area. Currently there are two things that make the restriction possible.

The first is the Federal Tort Claims Act. Sometimes referred to as the FTCA, this law makes it possible for a private party to file a lawsuit in a federal court against the U.S. for injuries sustained at the hands of someone acting on behalf of the country.

The second is the "Feres doctrine." Rooted in a case that was heard by the Supreme Court in 1950, this essentially says that a lawsuit cannot be started if the injuries or death that is the subject of the lawsuit occurred while the individual was an active member of the military.

The combination of the two essentially means that those who are working to preserve the rights of U.S. citizens do not actually have all of those rights while they are an active member of the military.

What are your thoughts on this? Does it seem fair?

Source: The Atlantic, "Quietly, U.S. Moves to Block Lawsuits by Military Families," Andrew Cohen, Jan. 30 2012