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Article
September 13, 1941

MALPRACTICE ACTIONS AGAINST ARMY MEDICAL OFFICERS AND EXAMINING PHYSICIANS FOR LOCAL SELECTIVE SERVICE BOARDS

JAMA. 1941;117(11):936-937. doi:10.1001/jama.1941.02820370032012
Abstract

A person in the military service may claim that an officer of the medical corps has in some manner been guilty of malpractice in treating or examining him in the line of duty. A similar claim for alleged malpractice may be pressed against an examining physician for a local Selective Service board by a selectee called before that board. The fact that a person is in the military service, or is in the course of being inducted therein, does not prevent him from asserting his civil rights as long as the interests of the service or of national defense are not concerned. Hence the Judge Advocate General of the Army has held, quite properly, that members of the Army are entitled to the same civil rights of action between one another with reference to suits for malpractice or negligence as they would have in civil life.1 Without doubt the same

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