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McClatchy Washington Bureau
McClatchy Washington Bureau
National
Tara Copp

Military families can't sue for medical malpractice � but the law may soon change

WASHINGTON _ Legislation named after a Fort Bragg, N.C., soldier that will allow some members of the military to file claims to be compensated by the government for medical malpractice is one step closer to being signed into law, after the House of Representatives passed the bill this week.

It is a significant departure from decades of existing law _ guided by the Feres Doctrine, so called because of a 1950 Supreme Court case _ which prevents military service members from suing for compensation for injuries that were a result of military negligence.

The bill could have widespread impact for military families dealing with terminal cancer diagnoses that were missed in earlier stages, when the disease had a greater chance of being treated. Multiple families who have talked to McClatchy as part of its ongoing investigation into veteran cancer rates have said their diseases were initially misdiagnosed.

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