Wednesday, October 8, 2014

Intentionally or negligently hurt while in the military? It is time to repeal the Feres Docterine!

"Feres doctrine refers to a principle whereby a member of the military is barred from recovering damages from the United States on a claim brought under the Federal Tort Claims Act for injuries sustained in military service. The standard was set in the Supreme Court case Feres v. United States, 340 U.S. 135 (U.S. 1950). The Federal Tort Claims Act allows persons intentionally or negligently wronged by a government employee to sue the government for their injuries. However Feres decision bars suits involving injuries to members of the armed forces. Even though the doctrine has long been criticized as unfair to service members it continues to be in force. "  (uslegal.com)

This law was put in place with good intentions I am sure, because the government can not afford to pay large settlements to every member of the military who was injured in service.  The problem here is that there are many people that were intentionally and negligently injured by their chain of command, and there are no repercussions for such an act.

I have written before about how I was injured while in the Army, so I won't go into too many details, but I was intentionally injured by my chain of command.  About a month after having reconstructive surgery on my hip, I was forced back into full training, against my physical profile (doctor's orders), and I have been disabled ever since then.  There are many more like me out there that should have some legal recourse against the military for such acts.

Please, if you know of anybody that this has happened to, contact your senator and let them know that you want them to push for the Feres Doctrine to be repealed or amended.

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