[20210616]IF11102_军事医疗事故与Feres学说.pdf

https:/crsreports.congress.gov Updated June 16, 2021Military Medical Malpractice and the Feres DoctrineThe Department of Defense (DOD) employs physicians and other medical personnel to administer health care to servicemembers, military retirees, and their family members. If these providers commit medical malpractice, they may cause injury or death. This In Focus discusses the standards and procedures governing medical malpractice claims that servicemembers and non-servicemembers may assert against the United States, as well as pertinent considerations for Congress. Servicemembers Malpractice Claims Outside the military context, a victim of medical malpractice may potentially obtain recourse by suing the negligent provider or the providers employer. However, a servicemember injured by a military health care providers malpractice may encounter significant obstacles if he or she attempts to sue the United States. Although the Federal Tort Claims Act (FTCA) renders the United States amenable to certain tort lawsuits, the U.S. Supreme Court has interpreted the FTCA to preserve the governments immunity “for injuries to servicemen where the injuries arise out of or are in the course of a