You’ve probably heard that service members can’t sue the military for injuries “incident to service.”
That rule comes from a case called Feres v. United States (1950)—and it’s one of the most misunderstood and frustrating doctrines in federal law.
At National Security Law Firm, we’ve helped countless veterans, dependents, and civilians navigate the gray areas around the Feres Doctrine. Many people who assume they can’t file a claim under the Federal Tort Claims Act (FTCA) actually can.
Here’s what the Feres Doctrine really means—and when it doesn’t apply.
What Is the Feres Doctrine?
The Feres Doctrine comes from a 1950 Supreme Court case, Feres v. United States, which held that active-duty service members cannot sue the federal government for injuries “incident to military service.”
In plain English:
If the injury occurred because of your military duties, orders, or activities related to your service, the courts will usually dismiss the case.
The rationale behind Feres was that allowing lawsuits between soldiers and the government could interfere with military discipline and decision-making. But over time, the rule has been criticized as overly broad—and deeply unfair.
Who Is Barred from Filing Under Feres
The Feres Doctrine bars lawsuits by:
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Active-duty service members for injuries that are part of military service (including training, deployment, or routine duties)
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Reserve members on active status if the injury occurred during a service-related activity
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Service members injured by other service members in the course of duty
Even if the negligence was clear—like a surgical error at a military hospital or a car accident involving a government vehicle—if it happened “incident to service,” the government is typically immune.
Who Can File a Claim Despite the Feres Doctrine
Many people are surprised to learn that not everyone injured on a military base or by military personnel is barred by Feres.
The following groups often can file under the FTCA:
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Civilians injured on a military base (contractors, visitors, delivery drivers, dependents, retirees)
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Family members of service members injured due to negligence (e.g., medical malpractice in a military hospital)
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Veterans no longer on active duty harmed by VA medical malpractice
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Federal employees (not active-duty military) working at or near military installations
Example:
If a civilian spouse is injured in a slip-and-fall at the commissary, that’s not “incident to service.” It’s a standard negligence claim under the FTCA.
Real-World Examples
Covered by Feres (Barred)
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A soldier injured during a live-fire training exercise
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A service member who develops complications from a surgery performed at a military hospital while on active duty
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A paratrooper injured due to faulty equipment during a jump exercise
Not Covered by Feres (Can File FTCA Claim)
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A civilian contractor hurt in a government vehicle crash on base
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A military spouse injured in base housing due to negligent maintenance
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A veteran receiving negligent care at a VA hospital
At National Security Law Firm, we carefully analyze every fact to determine whether Feres applies—or if the government is wrongfully trying to use it as a shield against your claim.
The Feres Doctrine and Medical Malpractice
Feres has been especially controversial in military medical malpractice cases.
Active-duty service members injured by negligent doctors at military hospitals often cannot sue under the FTCA, even for catastrophic injuries.
However, dependents, retirees, and veterans can pursue malpractice claims under the FTCA if the care was provided by federal employees.
In recent years, Congress has also allowed limited administrative claims under the National Defense Authorization Act (NDAA)—but those are not full FTCA lawsuits and often result in smaller recoveries.
That’s why having an FTCA lawyer who understands both systems is critical to maximizing compensation.
How NSLF Challenges Feres When Possible
The government often tries to invoke the Feres Doctrine even when it doesn’t apply.
Our attorneys—many of whom served as Army JAG officers and federal counsel—know how to challenge these defenses by showing:
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The injury was not incident to service (e.g., occurred off-duty, off-base, or during a personal activity).
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The negligent party was not military, but a civilian federal employee.
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The event involved a civilian context (like a car accident or unsafe premises).
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The case involves a dependent or retiree, not an active-duty member.
By reframing the facts and identifying the correct legal pathway, we’ve helped clients recover compensation even when the government initially claimed “Feres bars your claim.”
Our mission: to maximize your recovery and ensure accountability, even when the odds are stacked against you.
Why the Feres Doctrine Is Controversial
Even judges have criticized Feres for being inconsistent and unjust.
It often prevents service members from recovering compensation for medical negligence or preventable harm that would be actionable for any other citizen.
While reform efforts have made some progress, Feres remains a powerful barrier—one that requires experience, strategy, and persistence to overcome.
At National Security Law Firm, we view every FTCA case as a fight for fairness. The government should not hide behind outdated doctrines when its negligence causes real harm.
Why Choose National Security Law Firm
The National Security Law Firm is led by former federal and military lawyers who know exactly how the government defends FTCA claims—and how to dismantle those defenses.
We’ve represented clients nationwide in FTCA cases involving:
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Military base injuries (for civilians and dependents)
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VA medical malpractice
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Wrongful death claims
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Federal vehicle accidents
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National park and federal property injuries
When you work with us, you’re not hiring civilian lawyers guessing at federal law. You’re hiring a team that’s lived it—former insiders turned advocates who fight to maximize your compensation.
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Ready to Take the Next Step? Let’s Talk.
If you or a family member were injured on a military base, at a VA hospital, or by a federal employee, don’t assume the Feres Doctrine bars your claim.
Our FTCA attorneys will review your situation for free and explain your options clearly—no pressure, no confusion, just honest guidance.
📞 Call 202-600-4996 or Book a Consultation Now.
Learn More About FTCA Claims
For detailed guides, filing steps, and case examples, visit our FTCA Resource Center — the most comprehensive source online for understanding your rights under the Federal Tort Claims Act.
National Security Law Firm: It’s Our Turn to Fight for You.
