Feres Act???

[usmcleader]

What is the name of your state? CA

Would a servicemember or family member of a servicemember be allowed to bring suit against a civilian family therapist working for a service branch via contract, but not a GS employee? [ie, employed on contract with MWR. A non-appropriated funds position]

If a counselor's behavior fell substantially below the industry's standards of conduct and resulted in severe damages, would there be legal grounds to seek a judgment for such damages?

 

[rmet4nzkx]

What is the name of your state? CA

Would a servicemember or family member of a servicemember be allowed to bring suit against a civilian family therapist working for a service branch via contract, but not a GS employee? [ie, employed on contract with MWR. A non-appropriated funds position]

If a counselor's behavior fell substantially below the industry's standards of conduct and resulted in severe damages, would there be legal grounds to seek a judgment for such damages?

What type of therapist? MFT, LCSW, PSYCHOLOGIST, OTHER? It is possible also possible is complaint to liscenising board, PM me the details I will be out but I will research. I will keep it confidential. In some cases they have immunity, in others, not.

 

[fozzy2]

The Feres Doctrine (it not an actual statute, but is named after one of the key cases in its enunciation) does not prevent suits when an injured plaintiff is a civilian -- i.e. a dependant. Determining an employees status under the Federal Tort Claims Act (whether they are an "independant contractor", etc.) is a very tricky item indeed. It will depend on a lot of facts, and even experienced lawyers are sometimes surprised at how the court responds. This is definitely an area where you want an attorney to research it for you.