Indiana residents and people throughout the country who are veterans or are in the military might soon have new options when it comes to Medical Malpractice. Currently, a 1950 Supreme Court ruling protects military medical personnel from medical malpractice lawsuits. But, that could soon change.
As detailed by the Associated Press in the article, “Military Faces Challenge to Malpractice Shield,” the United States Supreme Court is considering taking on a case of an officer who died after a nurse put a tube down the incorrect part of his throat. The Supreme Court, then, might overturn that 1950 law known as the Feres Doctrine. The Congressional Budget Office believes overturning the law would cost the federal government about $135 million yearly in claims.
Over the years, the Feres Doctrine has faced many legal challenges but thus far, has remained intact. In Indiana, the state’s medical malpractice law, known as the Indiana Compensation Act for Patients, has faced legal battles as well since it was enacted in 1975. Indiana was the first state in the country to put in place medical malpractice reforms, and other states soon followed.