scholarly journals The changing landscape of military medical malpractice: from the Feres Doctrine to present

2020 ◽  
Vol 49 (5) ◽  
pp. E7
Author(s):  
Callum D. Dewar ◽  
Jason H. Boulter ◽  
Brian P. Curry ◽  
Dana M. Bowers ◽  
Randy S. Bell

Medical malpractice suits within the military have historically been limited by the Feres Doctrine, a legal precedent arising from a Supreme Court decision in 1950, which stated that active-duty personnel cannot bring suit for malpractice against either the United States government or military healthcare providers. This precedent has increasingly become a focus of discussion and reform as multiple cases claiming malpractice have been dismissed. Recently, however, the National Defense Authorization Act of 2020 initiated the first change to this precedent by creating an administrative body with the sole purpose of evaluating and settling claims of medical malpractice within the military’s $50 billion healthcare system. This article seeks to present the legal history related to military malpractice and the Feres Doctrine as well as discuss the potential future implications that may arise as the Feres Doctrine is modified for the first time in 70 years.

2020 ◽  
Vol 21 (11) ◽  
Author(s):  
Reza Mohammadi ◽  
Zeinab Tabanejad ◽  
Shahabeddin Abhari ◽  
Behnam Honarvar ◽  
Mina Lazem ◽  
...  

Context: Considering the pivotal role of telemedicine in providing healthcare services for remote areas, some of the military medical centers, especially in developed countries, use different types of telemedicine programs. Objectives: The present study aimed at identifying the implemented telemedicine projects in military medicine worldwide and introducing their features. Evidence Acquisition: The current systematic review was performed in 2018. PubMed, Scopus, Embase, and Web of Science databases were searched for articles published from 2014 to 2018 by a combination of related keywords, and the related original articles were then selected based on the inclusion and exclusion criteria. Data were collected by a data extraction form, and then the data were summarized and reported based on the study objectives. Results: Of the 173 articles retrieved from the first round of search, 12 were included in the study; five (41.66%) studies had used the synchronous (real-time telemedicine) method. The United States, with nine studies, had the highest number of projects in military telemedicine. Most studies (n = 7) were performed on tele-psychology and the application of telemedicine in psychology. All selected studies reported the positive effects of telemedicine on providing healthcare for military forces. Conclusions: The proper utilization of telemedicine equipment is effective in saving time for both patients and healthcare providers, reducing costs, supporting in natural disasters, and satisfying patients with military medicine. To achieve telemedicine program objectives, they should be set precisely. Considering the importance of timely healthcare services, it is suggested to utilize synchronous methods and tools such as video conferencing.


Asian Survey ◽  
2007 ◽  
Vol 47 (1) ◽  
pp. 113-124 ◽  
Author(s):  
Peter R. Lavoy

India took important steps in 2006 to develop its economy and improve its standing abroad. Strengthening its strategic partnership with the United States, while at the same time maintaining positive relations with China, was a particularly important achievement. Increased attention to energy security has driven India to reach out to countries well beyond its borders. For the first time in India's history, New Delhi appears comfortable using the military and diplomatic tools that great powers have used throughout history.


2020 ◽  
Vol 51 (2) ◽  
pp. 34
Author(s):  
Kirsten L. Hebert

The article details the first time the American Optometric Association cancelled the annual convention at the request of the United States government.


Author(s):  
Kevin A. Young

The 1992 Salvadoran peace accords ended a 12-year civil war and forced modest democratic reforms on a state long dominated by a ruthless oligarchy and military. However, the new system represented a shallow version of democracy that remained largely unresponsive to the population. For two decades the far-right Alianza Republicana Nacionalista (Nationalist Republican Alliance [ARENA]) party held the presidency and used it to enact pro-business economic policies of austerity, privatization, and deregulation. In 2009, the left-wing opposition party, the Farabundo Martí National Liberation Front (FMLN), won the presidential elections for the first time. Yet despite winning some notable progressive reforms, the FMLN did not seek, much less achieve, a radical break from the neoliberal policies of previous administrations. FMLN leaders opted to continue a number of pro-capitalist policies while pursuing reforms to ameliorate the worst symptoms of the system, not overthrow it. The FMLN’s shift away from revolutionary socialism is attributable to several factors: a political and media terrain that still heavily favors the right, the continued influence of the United States government, and private investors’ control over the economy. These constraints were vitally important during the tenures of FMLN presidents Mauricio Funes (2009–2014) and Salvador Sánchez Cerén (2014–2019). El Salvador’s political trajectory since 1992, and especially during the FMLN’s decade in the presidency, offers insights into the constraints facing various left-of-center governments elected across Latin America in the early 21st century.


1997 ◽  
Vol 17 (5) ◽  
pp. 71-79 ◽  
Author(s):  
GS Wlody

The passage of the Oregon Death With Dignity Act on November 8, 1994, heralded a wake-up call for healthcare professionals. Oregon, the first state to systematically "ration care" was thought to be a fertile ground for testing new and, some say, radical concepts in healthcare and government. Although the act was not implemented because it was tied up in legal action until February 1997, the fact that more than 50% of the voters in Oregon voted for it mandates that healthcare providers listen to their patients. Patients want more control of their pain, the way they die, and the resources spent on their care in the final days of their lives. Thoughts of future suffering engender great fear on the part of healthcare consumers. Concern exists that physician-assisted suicide in the ICU will affect not only physicians but also nurses, pharmacists, respiratory therapists, and other clinicians as terminally ill patients make requests for assisted suicide while in the acute and critical care setting of the hospital. Critical care nurses must examine their value systems, review the Code for Nurses, and make their own decisions about participation in deliberately ending lives of patients. With the impending Supreme Court decision due in July 1997, the court may leave these issues to the individual states, opening the door for assisted suicide to occur throughout the United States. Therefore, the possibility will remain that critical care nurses may be put in positions in which physicians are providing assistance to patients who wish to commit suicide and are requesting nurses' assistance to do so.


2019 ◽  
Vol 17 (2) ◽  
pp. 62-66
Author(s):  
Travis M. Combest ◽  
Allison Howell ◽  
Harjinder Kumar ◽  
Samer Koutoubi ◽  
Karen Cieslewicz ◽  
...  

Background and Program: Secure email messaging is used to provide timely communication between healthcare providers and patients with medical information and education. There have been increasing rates of overweight and obesity among military healthcare patients. To address this issue, we utilized a secure email messaging system that is primarily used for medication refills. This commentary demonstrates the extent to which the message was viewed and how much the message was liked. Preliminary Results: Of the 16,020 individuals emailed, 7,011 participants (43.8%) opened the email, and 1,023 patients (14.6% of those who opened it) completed the survey. Satisfaction rate for the health promotion message was 77.2%. Participants reported an intent to eat more fruit and vegetables (49.6%), decrease portion sizes (38.8%), and increase physical activity (51.1%), while 33.6% reported having no intent to change. Conclusion: The majority were satisfied with the health promotion message. This email method enables a single provider to have increased contact with patients. It is unknown if this message reached higher risk or harder to reach participants, a patient subset that could benefit most from this type of communication. This study is unique in that to our knowledge it is the first one to use secure email messaging in the military healthcare system for health promotion.


1997 ◽  
Vol 4 (1) ◽  
pp. 78-91 ◽  
Author(s):  
David Robie

In March 1995, the United States government issued a patent on a human cell line for an indigenous Hagahai man from the rainforests of Papua New Guinea. The US National Institutes of Health (NIH) were issued patent No. 5,397,696 by the Patent and Trademark Office (PTO), the first time that an indigenous person's cells have been patented. Critics saw this is a 'new and dangerous' era in intellectual property rights while even defenders conceded there are serious dilemmas embracing ethics, the law and the media.  


2019 ◽  
pp. 74-103
Author(s):  
Amy Austin Holmes

After Hosni Mubarak stepped down, Egypt was ruled by the Supreme Council of Armed Forces (SCAF). During this time, a new form of antimilitarist activism emerged for the first time in Egyptian history. Of the three waves of antigovernment uprisings, this one was perhaps the most revolutionary: the goal was not to topple a single person or to hold elections but rather to dismantle the entrenched power of the armed forces. This chapter offers insights into these groups that fall in between the Muslim Brotherhood/military dichotomy. Many of these groups were led by women. After Mubarak was ousted, certain private companies celebrated the revolution in their advertising, but opposition to the SCAF was never commercialized. Despite egregious human rights abuses committed under the SCAF, neither the business elite nor the United States ever withdrew support from the military junta. However, the SCAF did lose popular support, evidenced when mass protests emerged in July during the Tahrir sit-in, and then again during the Battle of Mohamed Mahmoud in November–December 2011.


2017 ◽  
Vol 43 (2) ◽  
pp. 191-201 ◽  
Author(s):  
Brenda L. Moore

This Armed Forces & Society issue is on women in the contemporary armed forces in the United States and other nations to include the South African National Defense Force and the Australian Defense Force. This issue contains a collection of nine papers, each reviewing a current aspect of women serving in the military since the post–Vietnam War Era. There are also two review essays of Megan Mackenzie’s book, Beyond the Band of Brothers: The US Military and the Myth That Women Can’t Fight. An overview of changing laws and the expanding role of women in the military is provided in this introduction, as well as summaries of the nine articles, and comments on the two book reviews mentioned above.


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