Military service comes with honor, duty, and sacrifice—but when something goes wrong in a military hospital or clinic, the ability to seek justice isn’t the same for everyone. One often-overlooked factor that can shape a service member’s legal options is rank. Whether you’re an enlisted soldier, a non-commissioned officer (NCO), or a high-ranking officer, your military rank can influence how—and even if—you can pursue a medical malpractice claim.

This blog explores how military rank affects access to legal remedies after malpractice, the legal barriers that still exist, and what steps you can take if you or a loved one has been harmed by negligence in the military medical system.

The Feres Doctrine: A Barrier for Active-Duty Personnel

In 1950, the Supreme Court issued a ruling known as the Feres Doctrine, which has since prevented active-duty military members from suing the federal government for injuries “incident to service”—including medical malpractice.

While this affects all active-duty service members, its impact often feels heavier on lower-ranking personnel. Why? Because those in lower ranks typically have less access to internal advocacy systems, fewer resources to seek second opinions, and greater fear of retaliation or career damage from filing complaints.

Rank and Retaliation Fears

For junior enlisted members (E-1 to E-4), fear of reporting a mistake or negligence is very real. These soldiers often lack the rank, voice, or perceived “power” to challenge military authority. Even if they know something went wrong medically, they might hesitate to raise the issue, worried about being seen as insubordinate or difficult.

Compare this to a senior officer or command-level NCO. Their status within the hierarchy can offer greater confidence—and protection—when seeking accountability. While the legal restrictions under Feres apply equally, the social dynamics and willingness to press for remedies are shaped by one’s place in the chain of command.

Recent Changes: The NDAA and Administrative Claims

In 2019, a pivotal change occurred: the National Defense Authorization Act (NDAA) introduced a limited administrative process allowing certain active-duty service members to file for compensation in cases of medical malpractice.

This process does not lift the Feres Doctrine but provides a pathway for internal claims within the Department of Defense. However, the process is complex and often opaque, and rank still matters.

Navigating the Administrative Claims Process

Higher-ranking officers typically have better access to legal advisors, JAG officers, and personal representation. They can also leverage internal command channels more effectively when submitting a claim or complaint. Lower-ranking members may not even be aware this process exists, let alone how to begin it.

Access to legal support is one of the clearest ways rank can affect medical malpractice outcomes. An enlisted E-2 at a remote base might be handed a pamphlet—while a colonel at the Pentagon may get a dedicated legal team and personal advocacy from fellow officers.

Retirees, Veterans, and Dependents: A Different Playing Field

While active-duty personnel face steep legal barriers, military retirees, veterans, and dependents have more access to traditional legal remedies—especially under the Federal Tort Claims Act (FTCA).

Under the FTCA, claims can be brought against the federal government for negligence, including medical malpractice. Here, rank becomes less of a barrier—but the prior rank of the injured party may still influence the resources and representation available to them.

How Prior Rank Influences Civilian Claims

A retired general may have personal connections to experienced legal professionals, a comfortable pension, and the means to hire private counsel. A veteran E-4 without disability benefits or stable income may struggle to find the right representation or afford expert medical witnesses.

Even among dependents—spouses and children of service members—the rank of the military sponsor can shape their confidence in pursuing legal action. Families of senior officers may feel empowered to press forward; families of junior enlisted personnel may not know they’re even eligible to file a claim.

The Invisible Cost of Silence

Many lower-ranking service members simply stay silent. They continue to live with the pain, the disability, or the unanswered questions that follow a medical mistake. They don’t file claims—not because they don’t want justice, but because the system feels too big, too confusing, or too stacked against them.

This silence has real consequences. It perpetuates a system where medical accountability is uneven and where those without rank suffer in the shadows.

How to Advocate for Justice—No Matter Your Rank

While military rank can create hurdles, it’s not the end of the story. If you or someone you love has been harmed by military medical negligence, you do have options. And those options start with information, documentation, and the right legal support.

What You Can Do Today

1. Document Everything: Save your medical records, write down timelines, and gather witness names. 
2. Request a Second Opinion: Civilian providers can give you a clearer view of what went wrong. 
3. Report the Incident: Use your facility’s patient advocate or command chain. It builds a record. 
4. Contact a Military Malpractice Attorney: Specialized attorneys know how to navigate both civilian and military systems—and they’ll evaluate whether you’re eligible for an FTCA claim or an NDAA administrative case. 

Conclusion: 

Military medical malpractice can affect anyone—whether you’re a Private First Class or a Rear Admiral. But your rank should never decide whether you get the justice and care you deserve.

The reality is, the higher your rank, the more likely you are to know your rights, access support, and pursue claims effectively. That needs to change. Until it does, the best defense is knowledge and experienced legal representation.

If you or a loved one believes you’ve suffered from medical malpractice in the military system, don’t stay silent. Contact the team at Ripka Kelly LLP today. Our experienced attorneys fight for service members, veterans, and families—regardless of rank. Justice starts with one call. Let us help you take the next step.

Call now or visit forthemilitary.com to schedule your confidential consultation.