The Feres Doctrine and the Military: Why it needs to go

doctors, performing, operation

Every military member that has ever served, or that is currently serving, will agree on this piece of advice for other service members, if you need any kind of medical procedure or advice, try and get a referral off base.

Everyone who has served for any amount of time has seen the horrors that medical has inflicted on service members. While I served, I knew a guy that had his jaw broken by dental, twice. That same guy had back surgery done by a military doctor, they botched it, so he’ll never walk right again.

I knew another service member who got a vasectomy by military doctors, now it hurts every time he has sex because they botched that procedure too. I can’t name all the people I know that have woken up while dental has been taking their wisdom teeth out because the anesthesiologist botched the dosage amount.

Me personally, I was sent for a pre-op appointment following a dislocated finger because the MRI they sent me out for said I had some torn tendons. Only when I got to the civilian doctor, he told me that OF COURSE I had some torn tendons, I had just dislocated my finger, but I certainly didn’t need surgery! His words “anyone who has been through medical school should know this”.

The good news for all these service members dealing with incompetent doctors? There isn’t a damn thing you can do. Thanks to something called the Feres doctrine, military members are barred from opening medical malpractice suits against their military doctors.

Now I certainly didn’t need a medical malpractice suit opened for my case, but what about the case of Sgt. 1st Class Rich Stayskal? His cancer showed up on a scan in January 2017, but did anyone tell him about it? No. How about a few months later when he was passing out and coughing up blood? Nope wasn’t worth mentioning.

It wasn’t until June when he was referred to a NON-MILITARY doctor, that he was told that he had cancer. And by then it had spread. His cancer is now terminal.

How about the case of Rebekah Daniel? She died following child birth due to excessive bleeding five years ago. What caused the excessive bleeding and why couldn’t the military doctors stop it? Well they’re not quite sure and they aren’t trying to find out. They don’t care.

Now don’t get me wrong the Feres doctrine has its worth, military doctors shouldn’t be held liable for treating wounds caused on the battlefield. Those are extraordinary cases where outcomes can’t be guaranteed, and doctors can’t be second guessing themselves.

But during routine medical procedures and care, military doctors should not be allowed to botch the medical care that they provide to military personnel without consequence. There are only two types of doctors in the United States that can practice without medical malpractice insurance, military doctors and civilian doctors that work on military personnel. This needs to change, our military members deserve better.

Dear Congress and Donald Trump: Let Mr. Motawakil into the Country

terminal_e_waiting_areaMohasif Motawakil risked his life by becoming an interpreter for US troops in Afghanistan in 2012. Despite the dangers to himself and his family he made the choice to help the Americans that were there, potentially saving our service members lives.

After waiting for years to be approved Mr. Motawakil finally had approval for him and his family to come live in America as a thank you for his service in Afghanistan. It should have been a time of immense joy for the Motawakil family.

But that was not to be the case. Instead Mr. Motawakil and his family were detained in Houston and they are being threatened with deportation, a fate that will likely lead to them all being killed upon their return, all because Mr. Motawakil’s medical documents were opened when they shouldn’t have been.

And while this is something to be looked into, it shouldn’t be something where deportation is even suggested. This man risked EVERYTHING to help American service members, when it would have been even easier to just turn his back on them and ensure his own safety.

This is not the way to treat people who risk their lives for our people. This is a situation that every Congressman and every Senator should agree on. Let Mr. Motawakil into the country, he and his family have earned that privilege, and please stop threatening to send this man to his death by returning him to Kabul.

 

Trump and his “National Emergency”

CBP_Tours_San_Diego_Border_Wall_Prototypes_with_POTUS_(25935924167).jpgAs President Trump gets more and more frustrated with the government shutdown it seems he is more and more likely to do the unthinkable, declare the lack of a border wall a “national emergency” and try and use the military to build it.

It’s an unthinkable abuse of power, one that would be instantly contested in court, and almost certainly be blocked. But the mere notion of suggesting that the military should be used to enforce a partisan agenda, is terrifyingly dangerous.  

It is not the job of the military to do the bidding of the President in partisan issues. The fact that this is even a thinkable action to be taken goes to show how far the role of Commander in Chief has gone astray.

The role of the Commander in Chief should be to direct troops into wars that have already been authorized in Congress, or direct troops into a war that is being approved by Congress (something that has been abused by Presidents’ of both parties in recent years).

But the use of the United States military to enforce domestic partisan policies significantly raises the risk of the United States taking a step towards becoming an authoritarian government. If the President can order the military to build his wall, why can’t he order the military to enforce drug policies? Isn’t that a national emergency too? What about immigration control in sanctuary cities? The implications of what the President thinks he can do is appalling and terrifying.

And while attempting to use the military to circumvent Congress will be challenged and overturned in the court system, the mere mention of using them degrades our service members. They joined to serve their country and they deserve better then to be used as political pawns by the President to enforce his domestic political agenda.