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Reference to the Feres doctrineFeres refers to the name of a decision handed down by the United States Supreme Court* in 1950 which held that soldiers who were serving in the armed forces could not sue the United States for injuries received while on active duty. The opinion actually covers three different fact situations: in the Feres case itself, the soldier had burned to death in a barracks fire started by a defective heating plant; in the companion case of Griggs v. United States, the soldier was alleged to have died from medical malpractice by army surgeons; and in the case of Jefferson v. United States, the plaintiff, while on active duty in the army, had undergone an operation on his abdomen. Eight months later, after being discharged, he had to undergo another operation due to recurring pain in his abdomen. After opening him up, the surgeons pulled out a towel, 18 inches wide by 30 inches long, that had stenciled on it: "Medical Department U. S. Army"! *you will need to register with findlaw.com to view Feres v. United States, but it's freeInterpreting the Federal Tort Claims Act, the Court concluded that Congress had not intended for the government to be liable to members of the armed forces when it provided for liability "in the same manner and to the same extent as a private individual under like circumstances . . . ," because the relationship between the government and its soldiers had no counterpart in private relations between individuals. Ever since, this rule of non-liability has been referred to as "the Feres doctrine." Congress has been requested many times to amend the statute to provide for liability, but has always refused to do so. Meanwhile, by case law developed in the lower federal courts, the Federal Tort Claims Act has been interpreted to allow federal prisoners to sue the United States for medical malpractice in prison hospitals. Thus it is that our country accords greater right to common criminals than it does to members of its armed forces. The continued refusal of the Supreme Court to take responsibility for its illogical reading of the Tort Claims Act in Feres, and of Congress to pass corrective legislation, is a national disgrace.
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