But babies? Birth injuries? That's not incident to service. 'Incident to service' is a soldier charging a hill who gets injured and then questions the order. "Under Feres, the government can't be sued for injuries that are 'incident to service.
"The Supreme Court needs to go back and revisit Feres," Custin said.
Richard Custin, an attorney who teaches legal ethics and business law at the University of San Diego and opposes the application of Feres in medical malpractice, said the ruling should be addressed because it unfairly discriminates against military personnel, essentially stripping them, often unknowingly, of a civil right. But critics say it wrongfully protects military hospitals and medical staff from malpractice claims. Supreme Court decision handed down in 1950, applies correctly to cases involving troops in combat, training and other activities that are part of military service. Many believe the Feres doctrine, the result of a U.S. But because Daniel was active duty, her family is barred from taking legal action by the Feres doctrine, the ruling that keeps troops from suing the government for injuries deemed incidental to military service. from postpartum hemorrhage, and cases in civilian hospitals routinely result in wrongful death lawsuits. Statistics show that two to three women die each day in the U.S. "This is called a 'never event' in the medical world. "Who dies of blood loss in childbirth nowadays in the United States?" asked Daniel's grieving husband, Coast Guard Lt. An obstetrician called in to take the case from the delivery doctor - a family practitioner - waited to order a blood transfusion court documents said the potentially life-saving measure was ordered nearly 90 minutes after the standard recommended by the American College of Obstetricians and Gynecologists.īy the time Daniel received the transfusion, her heart rate had become erratic and bodily systems were shutting down.
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