As a retired Air Force judge advocate with over two decades representing Airmen and their families, I saw too many cases where medical mistakes shattered lives and left people with no real path to justice. That’s the harsh reality of the 75-year-old Feres doctrine—a judge-made rule, not something Congress ever voted on—that bars service members from taking the government to court for injuries that occur “incident to service.”
Sure, the VA disability system provides a safety net. But it can’t replace accountability, lost career earnings, or the heavy emotional burden that falls on spouses and kids when a service member is maimed or killed by negligent care. That’s why I strongly support the Healthcare Equality and Rights for Our Heroes (HERO) Act. It’s a measured, common-sense fix that restores basic fairness without touching military discipline or operational readiness.
Back in the 2020 National Defense Authorization Act, Congress tried to create a limited administrative claims process for medical negligence at military treatment facilities. In my view, it was well-intentioned but has turned out to be a disappointment. The system is closed, lacks real transparency and independent review, and offers almost no meaningful discovery. Approval rates are dismal. Damages are tightly capped, VA offsets are harsh, and claims drag on for years with no judicial appeal. That’s not accountability—it’s just bureaucracy dressed up as reform.
The bipartisan HERO Act (H.R. 6730) would repeal that flawed process and let service members bring straightforward medical malpractice claims in federal district court under the Federal Tort Claims Act (FTCA). It’s a narrow carve-out: only for negligent care at major stateside or fixed DoD medical facilities. It doesn’t open the floodgates to combat-zone claims or traditional “incident to service” cases like training accidents. Service members would finally get the tools every other American already has—full discovery, the possibility of a jury trial where appropriate, uncapped damages subject to FTCA limits, and no automatic offsets for VA benefits. The bill also sets a reasonable 10-year statute of limitations from the date the injury is discovered and requires regular reports to Congress so we can keep an eye on how it’s working.
This change is long overdue. Military spouses, dependents, retirees, and even civilians treated at the same facilities already have FTCA rights. Why do the men and women still serving—who volunteered to wear the uniform and bear the unique burdens of service—get second-class justice?
Bipartisan support for the HERO Act is growing, but the bill is still sitting in committee. Our service members raised their right hands and swore to support and defend the Constitution. In return, the nation owes them competent medical care and a fair shot at redress when that care fails. They’ve earned their day in court. I urge every Member of Congress, regardless of party, to cosponsor H.R. 6730 and move it forward. Our heroes deserve better. It’s time to act.
Chad Carter is a partner at the law firm of Parker Alexander in Monroe, Louisiana. He is a retired U.S. Air Force judge advocate, and is also executive director of Bayou Veterans Advocacy, a non-profit organization dedicated to raising awareness of and helping meet the essential needs of Louisiana military members, veterans and their families.
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