Assisting Active Forces & Veterans

From All Branches of Military Service

Medical Malpractice Assistance

For All Branches of the US Armed Forces

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Protecting Those Who Protect Us

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Spohrer & Dodd - Military Malpractice Law

Assisting active military, family members and veterans of all branches.

Spohrer & Dodd, based in Jacksonville, Florida, is proud to be a firm of trial attorneys. Our dedicated legal team, staff and experts, including an in-house doctor, nurse and pilot, brings a wealth of experience to each case we represent. This enables us to investigate, prepare, negotiate and litigate the most complex and challenging cases for civilian and military malpractice, aviation accidents, maritime accidents, defective products, car and truck accidents, insurance claims disputes, child advocacy issues and the unsafe workplace. With more than 35 years of trial experience, our Senior Partners Robert Spohrer and Roger Dodd have successfully represented cases against big business and government agencies in state, federal, military and the U.S. Supreme Court.

Who May Sue Under the Federal Tort Claims Act?

Like many other countries, our nation exercised its right of "Sovereign Immunity" for over 150 years. In fact, neither individuals nor states were allowed to sue the United States government unless given the permission to do so. In 1946, months after a decorated Army pilot flying a B-25 bomber in a heavy fog crashed into the Empire State Building, Congress passed legislation that led to the Federal Tort Claims Act(FTCA), which for the first time, gave American citizens the right to sue the federal government. The statute was made retroactive to allow the families of the victims of that crash to seek a fair recovery. Since that time, the landmark ruling has permitted civilians and private parties to sue the U.S. in federal court for a majority of civil torts committed within the boundaries of the United States by individuals acting on behalf of our government.

What is the Feres Doctrine and Military Claims Act?

A few years after Congress passed the FTCA, the U.S. Supreme Court collectively ruled on three cases and created the "Feres Doctrine" which prevents military members from bringing medical malpractice claims for treatment received while on active duty. The U.S. Supreme Court has been challenged numerous times but, to date, has always upheld the provisions of the doctrine to eliminate any second guessing of "command and control" decisions made by the military. Congress would later pass the Military Claims Act (MCA) which allowed those who suffered from medical negligence or malpractice outside of the U.S. to file a claim against the offending agency of the government. However, if a claim is denied under the MCA, the claimant does not have a right to sue the government but may file an appeal with the Department of Defense. The ruling of the DOD is considered to be "final".