Military medical malpractice and “the right to sue”

The Feres doctrine bars tort claims against the government by military service members for injuries incident to their service. This prohibition extends to medical malpractice claims arising out of military health care. The latest legislative effort to overturn the Feres doctrine and allow military medical malpractice claims by service members was inspired by, and named for, a Marine whose death from melanoma may have been preventable through earlier diagnosis and referral. This article explores the genesis of the Feres rule, its 60-year history, and the arguments for and against its continued application. The article then assesses the military's experience under Feres in the context of the larger ethical debate over the social utility of malpractice liability as a tool for accountability and deterrence.