What is the test for applying the Feres doctrine to medical malpractice claims?

MultiRegion, United States of America

The following excerpt is from Persons v. U.S., 925 F.2d 292 (9th Cir. 1991):

Determination of the district court's subject-matter jurisdiction is a question of law reviewed de novo. Atkinson, 825 F.2d at 204. In particular, this court must "review independently the question whether the Feres doctrine is applicable to the facts reflected in the record." McGowan v. Scoggins, 890 F.2d 128, 129 (9th Cir.1989).

b. Application of the Feres doctrine to the medical malpractice claim

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