When Does the Federal Tort Claims Act Apply?
Active military personnel are not allowed to file a lawsuit against the United States government under the Federal Tort Claims Act (FTCA) due to the Feres doctrine, which generally bars service members from bringing lawsuits for injuries suffered in the course of, or arising out of, military service. However, this doctrine was recently rejected by a circuit court, and the doctrine is now of questionable validity. To really know if you have a case or not, talk to an attorney experienced in military-related medical malpractice and personal injury. The lawyers at McKeen & Associates offer a free initial consultation and handle military cases in all 50 states. Call 866-585-1076 or contact us online.