Unfortunately no, the Feres doctrine (named after the 1950 Supreme Court case) prohibits military members and their family members from suing the government due to medical malpractice. Unfortunately this doctrine serves to bar service members and their families from collecting damages for personal injuries to the service member. However, the Feres doctrine does not bar claims if negligence results in direct injury to a family (non-service member)member due to medical negligence or other claims. But, in the above situation claims are prohibited as the primary injury is to your husband, and not directly to you. There is a movement in congress now to allow for these type suits in medical malpractice case, but it has not passed and is unlikely to do so in the near future (in my opinion). Thank you and your husband for your service.
From the desk of T. Edmund Spinks, Esq. P.L.
304 Plant Ave. S. Suite 100
Tampa, FL 33606
Phn: 813-254-2770 Fax: 813-254-2772
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