Who can bring a claim under The Federal Tort Claims Act (FTCA)?
Generally, anyone injured by the United States Government can bring a claim. The most common claims brought under The Federal Tort Claims Act (FTCA) are for medical malpractice from events occurring at a military medical facility including Veterans Administration facalities. However, the U.S. Supreme Court in FERES v. U.S, 340 U.S. 135 (1950) expressly excluded active duty military personnel from bringing a claim under The Federal Tort Claims Act (FTCA). This decision has become known as the FERES doctrine. The FERES doctrine has been a hotly contested decision and cases are being filed everyday that challenge the application of the FERES doctrine. The attorneys at Andrews & Sanders Law Offices have experience dealing with the FERES doctrine. Let us put that experience to work for you; contact us and let us determine the proper application of the FERES doctrine. While the FERES doctrine may bar active duty members from bringing a claim, it does not bar dependents from bringing a claim
