Let's say someone has a purebred dog that falls ill. If during surgery the vet gives a shot in the wrong area and the dog dies, that vet can be sued.
Why is it a dog owner can pursue a lawsuit but those in the military are barred from suing doctors for malpractice? Sure, dogs are a lovable friends and guardians of the house, but what exactly are soldiers fighting for our country in comparison?
In a 1950 Supreme Court case, Feres v. the United States, it was ruled that an on-duty soldier can't sue medical doctors for malpractice. Right now, with the Federal Tort Claims Act, many soldiers and their families can't sue for treatment they didn't receive, even if it could have been life-saving. Simply said, FTCA has given malpractice lawsuits to the dogs.
In the case of Asenath and Jimmy German, Asenath died due to a brain hemorrhage that was originally diagnosed as a simple migraine. According to an article in The Atlantic, Asenath woke the next day with "stroke-like" conditions and was transferred to another hospital. Doctors there discovered she had a brain hemorrhage.
Both Germans served in the Navy, but Asenath went inactive when the headaches bothered her. However, since Jimmy's name was on the plaintiff, it was his status in the Navy that counted. Because he was actively serving at the time, Asenath's case was dismissed.
FTCA needs amended. It's sad that those that risked their lives at war are rendered weak and voiceless on a legal battleground? Those in service should be receiving health care equal to royalty — not cavemen — for what they've faced, but the FTCA serves as an obstacle in the way of that.
Unimaginable to the juries is the pain these families feel when a loved one is at war. For years, they wait as the war drags on for the person to return. They hope that things get better, and they hold on to an idea of blissful reunification. These juries and lawyers, unless they're personally involved with someone that served, cannot imagine the relief or joy of a soldier returning. They cannot imagine the pain of having someone return only to lose them permanently due to malpractice. While those behind FTCA sit comfortably in their offices, can they imagine a soldiers' pain, intensified by having their voices silenced by the very law these soldiers fought to defend?
FTCA is outdated and primitive. When someone makes a mistake, they're liable for their actions but shouldn't be treated as heavily as someone that's made many mistakes. Doctors are human, and are prone to misdiagnosing things, but doctors that are otherwise careless should be punished, especially if their actions are hurting multiple military families. It starts by discussion and prompting people to action by demanding the government remove or drastically amend FTCA. These men and women fearlessly charge into battle to protect the country. It shouldn't be too much to ask the people to protect them.

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