Law Office Of Robert A. Miller

Talk to a lawyer today at 541-359-4331

  • Home
  • About
    • Robert A. Miller
    • Hannah R. Horsfall
  • Practice Areas
    • Auto Accidents
      • Do I Need A Lawyer?
      • Drunk Driving Accidents
      • Auto Insurance Medical Bills
      • Detecting Mild Brain Injuries After A Car Accident
      • Fatal Car Crashes
      • Hit – And – Run Accidents
      • Injured Passengers
      • Motorcycle Accidents
      • Pedestrian / Bicycle Accidents
      • Rear – End Collisions
      • Rideshare Accidents
      • Truck Accidents
      • What Is My Auto Accident Claim Worth?
      • What To Do After An Accident?
      • Why Insurance May Not Be Enough After A Car Wreck In Oregon
      • Car Accident Articles
      • Auto Accident FAQ
    • Medical Malpractice
      • Birth Injuries
      • Delivery Errors Causing Cerebral Palsy
      • ER Negligence
      • Failure To Diagnose
      • Misdiagnosis Of Illness Or Injury
      • Failure To Perform Timely C-Section
      • Hospital Staff And Nursing Errors
      • Surgical Errors
      • Anesthesia Malpractice
      • Wrongful Death
  • Blog
  • Contact
Law Office Of Robert A. Miller
  • Home
  • About
    • Robert A. Miller
    • Hannah R. Horsfall
  • Practice Areas
    • Auto Accidents
      • Do I Need A Lawyer?
      • Drunk Driving Accidents
      • Auto Insurance Medical Bills
      • Detecting Mild Brain Injuries After A Car Accident
      • Fatal Car Crashes
      • Hit – And – Run Accidents
      • Injured Passengers
      • Motorcycle Accidents
      • Pedestrian / Bicycle Accidents
      • Rear – End Collisions
      • Rideshare Accidents
      • Truck Accidents
      • What Is My Auto Accident Claim Worth?
      • What To Do After An Accident?
      • Why Insurance May Not Be Enough After A Car Wreck In Oregon
      • Car Accident Articles
      • Auto Accident FAQ
    • Medical Malpractice
      • Birth Injuries
      • Delivery Errors Causing Cerebral Palsy
      • ER Negligence
      • Failure To Diagnose
      • Misdiagnosis Of Illness Or Injury
      • Failure To Perform Timely C-Section
      • Hospital Staff And Nursing Errors
      • Surgical Errors
      • Anesthesia Malpractice
      • Wrongful Death
  • Blog
  • Contact

 541-359-4331

Dedicated To Protecting What Matters Most

  1. Home
  2.  | 
  3. Birth Injuries
  4.  | 
  5. Military family asks Supreme Court to change malpractice rule

Military family asks Supreme Court to change malpractice rule

On Behalf of Law Office of Robert A. Miller | Dec 23, 2015 | Birth Injuries

A Texas man whose daughter suffered birth injuries during a botched cesarean section delivery at a military hospital is petitioning the U.S. Supreme Court to change a rule that bars active military members from suing the government over injuries that are “incident to military service.” The case could impact the rights of military service members in Oregon and nationwide.

In 2009, the plaintiff’s wife, an active military member, was given a drug that she had a known allergy to during a C-section. When given an antihistamine to counter the resulting allergic reaction, her blood pressure dropped dangerously, and her baby suffered brain and nerve damage from oxygen deprivation. The girl, now 6, requires weekly occupational and physical therapy and wears braces on her legs.

The plaintiff filed a medical malpractice lawsuit against the government seeking compensation for his daughter’s injuries, but his case was dismissed by a lower court and an appellate court, which both cited the Feres doctrine as basis for their dismissals. The Feres doctrine, established in 1950, is a controversial provision that says active military members are not protected by the Federal Tort Claims Act. This means active service members cannot sue the government over injuries suffered during war and war training. It also means service members have no legal recourse if they are the victims of medical malpractice by military doctors.

The plaintiff hopes the Supreme Court will change the Feres doctrine to allow active military members to sue the government over medical malpractice. However, the high court receives approximately 10,000 petitions annually and only agrees to hear around 80.

Injuries incurred during the delivery process may require a lifetime of specialized medical care. A parent whose child has been injured in this manner may want to speak with a medical malpractice attorney to see what recourse for obtaining compensation for those anticipated expenses is available.

Recent Posts

  • Standard of care is an important factor in malpractice claims
  • What is Oregon’s statute of limitations for cancer misdiagnosis?
  • Important tests for fetal growth during pregnancy
  • What may contribute to a neglected uterine rupture?
  • Rear-end crashes can cause permanent spinal cord injuries

Archives

Categories

  • Auto Accident
  • Birth Injuries
  • blog
  • Failure To Diagnose
  • Firm News
  • Hospital Negligence
  • Medical Malpractice
  • Nurse Errors
  • Pregnancy-Related Injuries
  • Premature Delivery
  • Prescription Errors
  • Radiology Errors
  • Surgical Errors
  • Wrongful Death

RSS Feed

Subscribe To This Blog’s Feed

Schedule Your Free Consultation

Call 541-359-4331 or contact us online to schedule your free consultation with a straightforward and honest attorney.

Law Office Of Robert A. Miller

Office Address

2260 Oakmont Way
Suite 7
Eugene, OR 97401

  Eugene Law Office
  • Follow
  • Follow
  • Follow

Phone Number

541-359-4331
866-272-0803

Fax

541-683-4940

Review Us

© 2026 Law Office of Robert A. Miller • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw