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Malpractice And Medical Negligence


JohnM

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This happen in 1985, My Nephew was on ship when he was raped by two men. He reported it and it was written down. They kept him on ship with these two guys nothing was done to them and my Nephew had started drinking and haveing a lot of problems. It is to long of a story to write down I have his files and its to much. All of this finally came out by his doctor in the last year.

Question is:

Can we get a lawyer and go after the Military for all of his medical problems and for what had happen to him aboard ship. They kept these three together till he was discharged. Or is this to long ago to go after them. Would there be a statue of limation on this?

The VA finally gave him 70% for PTSD but that is not enough. HE is 44 yeas old has not been able to hold down a job, held all of this in till last year. Again to many medical problems to go through some of them are being deferred at this time. But we would like to go after the Navy for his rape. Can We?

Thanks

JohnM's Wife Dianne

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No - the Feres Doctrine prohibits that type of claim.

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This happen in 1985, My Nephew was on ship when he was raped by two men. He reported it and it was written down. They kept him on ship with these two guys nothing was done to them and my Nephew had started drinking and haveing a lot of problems. It is to long of a story to write down I have his files and its to much. All of this finally came out by his doctor in the last year.

Question is:

Can we get a lawyer and go after the Military for all of his medical problems and for what had happen to him aboard ship. They kept these three together till he was discharged. Or is this to long ago to go after them. Would there be a statue of limation on this?

The VA finally gave him 70% for PTSD but that is not enough. HE is 44 yeas old has not been able to hold down a job, held all of this in till last year. Again to many medical problems to go through some of them are being deferred at this time. But we would like to go after the Navy for his rape. Can We?

Thanks

JohnM's Wife Dianne

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If his unemployability is caused by his service-connected disability, the VA considers him totally disabled and rates him at 100%. He should get a Veterans' Service Officer in his county to help him apply for this.

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The Feres Doctrine

Feres v. United States, 340 U.S. 135 (1950) , is a case in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.

The practical effect is that the Feres doctrine effectively bars service members from successfully collecting damages for personal injuries, whether or not they were suffered in the performance of their duties. It also bars families of service members from filing wrongful death or loss of consortium actions when a service member is killed or injured. The bar does not extend to killed or injured family members, so a spouse or child may still sue the United States for tort claims (such as medical malpractice), nor does it bar service members from filing either in loco parentis on their child's behalf or filing for wrongful death or loss of consortium as a companion claim to a spouse or child's suit.

http://en.wikipedia.org/wiki/Feres_doctrine

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