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LSDefine

Simple English definitions for legal terms

feres doctrine

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A quick definition of feres doctrine:

The Feres Doctrine is a rule that says members of the military who are injured while on active duty cannot sue the government for damages under the Federal Tort Claims Act. This rule was made by the U.S. Supreme Court in a case called Feres v. United States. The court gave three reasons for this rule: (1) the government cannot be sued like a regular person, (2) the relationship between the government and military is different from other relationships, and (3) military personnel who have already received benefits for their injuries cannot also sue for damages. However, there is now a limited exception to this rule for cases of medical malpractice by Department of Defense health care providers.

A more thorough explanation:

The Feres doctrine is a legal rule that prevents members of the armed forces from suing the federal government for injuries that occur while they are on active duty. This means that if a soldier is hurt or killed while serving, they cannot sue the government for damages under the Federal Tort Claims Act (FTCA).

The Feres doctrine was established by the U.S. Supreme Court in a case called Feres v. United States. The court gave three reasons for the doctrine:

  1. The FTCA requires private liability, which is not present in military service.
  2. The relationship between the government and military personnel is "distinctively federal," and therefore not subject to local tort law.
  3. Military personnel who have already received veterans' benefits for their injuries cannot also sue for damages under the FTCA.

For many years, the Feres doctrine prevented soldiers from seeking compensation for injuries caused by medical malpractice in military hospitals. However, in 2020, the National Defense Authorization Act created an exception to the Feres doctrine for cases of medical malpractice in military medical treatment facilities.

For example, if a soldier is injured during combat and believes that the government was responsible for their injuries, they cannot sue for damages under the FTCA because of the Feres doctrine. However, if the soldier is injured due to medical malpractice in a military hospital, they may be able to sue for damages under the new exception to the Feres doctrine.

ferae naturae | fertile-octogenarian rule

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Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
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