Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Losing a loved one is always painful. But when that loss happens in a military hospital—and the family can’t even sue—it adds a new layer of frustration and injustice. That’s precisely what happened in the case of Navy Lieutenant Rebekah Daniel, whose wrongful death became a national example of how current laws limit legal rights for active-duty military families.
In this post, we explore whether it’s possible to sue the military or federal government for wrongful death, how the Feres Doctrine stands in the way, and what legal options do or don’t exist under federal law.
The Feres Doctrine is a legal rule that stops active-duty military personnel from suing the federal government for injuries or deaths that happen during service. It came from the 1950 Supreme Court case Feres v. United States, which involved three different military-related injuries and fatalities.
The Court ruled that the government isn’t liable for harm caused by other service members while someone is on active duty. The idea was that the military already offers support systems like pensions and survivor benefits and that allowing lawsuits would interfere with discipline and command.
In Feres v. United States (1950), the U.S. Supreme Court held that the government is not liable for injuries to servicemembers that arise out of or are in the course of activity incident to service.
Since then, the Feres Doctrine has been used to dismiss thousands of lawsuits involving military medical malpractice—even when the alleged negligence is severe or fatal.
Rebekah Daniel was a 33-year-old Navy nurse who died from severe bleeding just hours after giving birth at Naval Hospital Bremerton in Washington in 2014. Her husband, former Coast Guard officer Walter Daniel, filed a wrongful death lawsuit in 2015. He argued that Rebekah’s death was the result of poor care—not an unavoidable complication.
His case was dismissed under the Feres Doctrine, and every appeal failed. Finally, he petitioned the U.S. Supreme Court to reconsider the doctrine and allow exceptions in cases involving medical negligence.
Lieutenant Rebekah Daniel’s case became a national symbol of the constraints placed by the Feres Doctrine, especially in cases involving preventable medical deaths.
The Supreme Court declined to hear the case in 2019, once again leaving the doctrine untouched.
Many people are surprised to learn that while civilians can sue the government under the Federal Tort Claims Act (FTCA), active-duty service members cannot do so for injuries or deaths related to military service. This includes deaths in military hospitals caused by alleged medical malpractice.
The Feres Doctrine has long prevented active-duty service members from seeking justice through the courts—even when harmed by medical negligence in military hospitals.
That said, there are some exceptions. For example, civilian family members or military dependents harmed in military hospitals may be able to sue. Veterans may also have some legal options depending on their discharge status and the timing of the injury.
In contrast, service members on active duty are almost always barred from filing these lawsuits, no matter how clear the negligence may seem.
Category | Civilian Family | Active-Duty Military Family |
| Legal Path | State wrongful death statute | Blocked by Feres Doctrine |
| Can Sue the Federal Government? | Yes, under FTCA | No, if incident to service |
| Access to Jury Trial | Yes | No |
| Can Sue Military Hospital? | Yes (if civilian harmed) | No (if service member harmed) |
| Time Limit to File | 2 years (varies by state) | Not applicable |
Many legal experts, lawmakers, and veterans advocates believe the Feres Doctrine is outdated. They argue that military families deserve the same right to hold the government accountable, especially in medical malpractice cases where poor care leads to death or long-term harm.
Proponents of reform say the doctrine:
Opponents argue that changing the rule could:
Groups like Protect Our Defenders continue to advocate for legal changes that would allow some lawsuits in medical negligence cases.
Oklahoma law allows surviving family members to file when a loved one passes away; a wrongful death claim is filed due to another’s negligence. These lawsuits often involve car crashes, medical errors, workplace accidents, and other preventable events.
In Oklahoma, eligible family members can seek damages for:
The statute of limitations is typically two years from the date of death. While active-duty military deaths are blocked under Feres, civilian casualties are not. If your loved one died because of someone else’s actions—and they were not on active military duty—you may have legal options worth exploring.
Generally, no, if the death was related to their military service. The Feres Doctrine blocks such claims. Legal exceptions are limited and still under debate.
It’s a 1950 Supreme Court ruling that prevents service members from suing the federal government for injuries or deaths that occur while on active duty.
If the patient is an active-duty member, the answer is usually no due to Feres. Dependents or retirees may be able to sue under certain conditions.
Yes, but not successfully. The Court declined to reverse the doctrine in 1987 and again in later petitions, including the Daniel case.
They can report the issue through military channels or advocacy groups, but civil legal action is limited. Some may pursue legislative reform efforts.
Yes, under the FTCA—but not for injuries or deaths tied directly to military service due to Feres.
The tragic death of Lieutenant Rebekah Daniel brought national attention to a legal rule many Americans had never heard of—the Feres Doctrine. Her family’s fight for accountability revealed just how difficult it is for active-duty service members to seek justice, even when harmed by negligence.
For civilian families dealing with wrongful death, the law does offer a path forward. Graves McLain Injury Lawyers helps families in Oklahoma navigate these complex cases, understand their rights, and pursue compensation when it’s available. If you’ve lost a loved one and wonder what your legal options might be, it’s worth having that conversation.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
