When patients suffer from medical negligence, they can file a lawsuit and receive compensation for damages in a court of law, unless you are an active service member in the United States military.
For the 1.3 million active duty military, Feres legal doctrine prevents medical malpractice lawsuits from being filed against the United States government. While one case recently tried — and failed — to challenge the law by appealing to the U.S. Supreme Court, there has been a push to grant our military members the same justice and rights as citizens.
On March 9, 2014, Lt. Rebekah “Moani” Daniel died four hours after giving birth to her daughter, Victoria, at the U.S. Naval Hospital in Bremerton, Washington, where Lt. Daniel lost more than a third of her body’s volume of blood from post-partum hemorrhaging.
As a result of the 69-year-old Feres doctrine, Lt. Daniel and her heirs are prohibited from seeking justice by filing a medical malpractice lawsuit against military personnel or military medical facilities. Lt. Daniels’ widower, Walter Daniel, alleges medical malpractice in his wife’s death and has been arguing that fact in the lower courts.
Feres v. United States is a landmark 1950 case that established service members or their families cannot file medical malpractice claims. Feres is an archaic law and one that several Supreme Court justices have denounced over the years. Originally, the law was only meant to keep troops from filing a claim if they were hurt as a result of combat, not when they were removed from combat settings. Mr. Daniel has not been successful in overturning the Feres doctrine after the Supreme Court refused to take up the case.
For now, the Feres doctrine remains intact. “It is a disgrace that the country does not provide justice for the men and women who risk their lives for our nation every day,” says John Fisher of John H. Fisher, PC. “This case deserved to be heard by the Supreme Court, and it is tragic that it was not. This means that our troops will continue to be denied justice while serving our country.”
The Military Health System has changed dramatically in the 69 years since Feres was first adopted. While Mr. Daniel’s petition may have resulted in failure, advocates for overturning the Feres doctrine are calling for a change that will grant U.S. service members the same rights as those they protect.
The Arlington County Fair is set to kick off this Wednesday and run through Sunday, Aug. 21. As usual (though it was not without some debate) the fair is being…
Hundreds of K-5 students at Oakridge Elementary School packed 200 gift boxes to seamen and Marines serving on the USS Arlington. The boxes sent to those aboard the 684-foot-long amphibious…
Meet Cannoli, the Arlington Pet of the Week who loves chewing his many bones and playing chase with friends.
When Marine veteran Brendan McElroy started working on the sales side of the consulting industry, he quickly realized that although he enjoyed the more interactive part of his job, he did not like the “typical consulting-sales model.”
15 year old Australian Shepherd went missing from her yard in Waycroft-Woodlawn on the evening of August 8.
A pet tracker hasn’t been able to find her, and despite roaming in a busy area, there have been no reported sightings. She is microchipped, and her information is up to date. It’s most likely someone has picked her up. If found, or if there is any information, please contact the Animal Welfare League of Arlington or her owner at 571-510-0508 or [email protected]. If spotted, please don’t approach or call to her, but take a picture and call her owner.
As the summer winds down, it’s a great time to look forward to a creative fall! Art House 7 has a terrific selection of classes, for preschoolers to adults. Our fall session, starting September 6, offers painting, drawing, sculpture, collage, ceramics (including the wheel) and sewing. We have specialty classes such as Suminagashi, the ancient art of Japanese water marbling.
If you’re looking for a shorter commitment, we also have a full schedule of workshops, Art Nights, and Morning Art Socials. If you haven’t discovered Art House 7, please check us out! We offer classes throughout the year, taught by a range of fantastic teachers. You can buy art supplies next door. We’re near the Lee Harrison shopping center, and free parking is outside our door.
Art House 7
5537 Langston Blvd.Arlington VA 22207
Have you ever considered purchasing a rental property but weren’t sure where to start? This free webinar will go over the basics of how to invest in real estate, how to choose rental properties, and a market overview. Our Director