Feres Doctrine

No, You Do Not Need to Get Malpractice Insurance

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This article has caused some concern that physicians need to obtain malpractice insurance:

https://www.navytimes.com/news/your-military/2021/06/17/its-official-heres-how-troops-can-file-military-medical-malpractice-claims/

I’ve confirmed with BUMED Legal that we DO NOT need malpractice insurance. If there are any questions, I’d check with your JAG, but here was their response:

“The claims authorized by NDAA20 are filed against the U.S. Government, NOT against individual providers.  As a result, any monetary amount awarded as a result of such a claim would not be paid by an individual provider, but by the Government.”

Military Times – Victims of Military Medical Mistakes to Tell Their Stories at Congressional Hearing Seeking Legal Fixes

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Here’s an article about the push to revoke the Feres doctrine that prevents active duty personnel from claiming medical malpractice damages for actions related to their military service:

Victims of Military Medical Mistakes to Tell Their Stories at Congressional Hearing Seeking Legal Fixes