Legal Definitions - feres doctrine

The Feres doctrine is a legal principle that generally prevents active-duty members of the United States armed forces from suing the federal government for injuries they sustain while performing their military duties. This doctrine, established by the Supreme Court, recognizes the unique nature of military service and aims to avoid applying civilian tort law to the distinct relationship between service members and the government. Instead, service members injured incident to their service are typically compensated through a comprehensive system of veterans' benefits.

However, a significant exception was created by the National Defense Authorization Act for Fiscal Year 2020 (NDAA). This exception allows active-duty service members to sue the government for personal injury or death caused by medical malpractice committed by a Department of Defense (DoD) healthcare provider within a covered military medical treatment facility, even if the injury occurred incident to service.

• Example 1 (Classic Feres Application): A Marine corporal is participating in a mandatory combat readiness drill. During an obstacle course, a piece of equipment malfunctions, causing the corporal to fall and sustain a serious back injury.

  Explanation: The Feres doctrine would prevent the corporal from suing the federal government for negligence related to the faulty equipment or the conduct of the training. The injury occurred while on active duty and incident to military service, falling squarely under the doctrine's prohibition. The corporal would instead pursue available veterans' benefits.

• Example 2 (Classic Feres Application): An Air Force technician is driving a government vehicle on base to transport supplies for an upcoming mission. Another military vehicle, driven by a fellow service member, negligently collides with the technician's vehicle, causing the technician to suffer a broken arm and concussion.

  Explanation: Even though the injury resulted from another service member's negligence, the Feres doctrine would bar the technician from suing the federal government. The accident happened while the technician was on active duty and performing a military task, making the injury "incident to service."

• Example 3 (Feres Exception Application): An Army sergeant, while on active duty, undergoes a routine appendectomy at a military hospital on base. Due to a clear error by the military surgeon during the procedure, the sergeant suffers permanent nerve damage.

  Explanation: In this scenario, the Feres doctrine's general prohibition would not apply. Because the injury was caused by medical malpractice from a Department of Defense healthcare provider (the military surgeon) within a covered military medical treatment facility (the military hospital), the NDAA 2020 exception would allow the sergeant to pursue a claim against the federal government for the medical negligence.