Can You Sue The Military For Malpractice

[Hoppy]

In the veterans case he developed a condition in the military. He went to the docs and the doc's noted in the SMR that there was no treatment for the condition. Recently the veteran obtained an opinion that there was treatment available. The literature states that an individual with the untreated condition is 8 times more likely to develop severe symptoms if the early symptoms go untreated., The veteran is now diagnosed with the severe condition. The veteran can show evidence that the severe symptoms have been occuring for thirty years. The VA will only cover the last two years since the claim was filed. The paper trail is strong and intact.

I might have to ask a lawyer this question.

[carlie]

Hoppy,

If the vet is wanting to file a FTC the rule is it has to be filed in Federal Court within

two years of the claimant becoming aware of the malpractice.

Sorry, I just noticed the topic title deals with "Can You Sue The Military For Malpractice"

and I was thinking of the VAMC.

Doesn't the Ferries Doctrine prohibit law suits against DOD for malpractice ?

jmho,

carlie

[Testvet]

Carlie you have BINGO the military has been using the Feres decision to protect idiot doctors since the 1950 decision was handed down by SCOTUS and even if the doctor kills you there is no legal recourse a military doctor blinded ny step father in 1974 at March AFB and then they sent him to Balboa where the Naval eye surgeon made the problem worse when they did a laser surgery to try and correct what the AF doctor did the Naval doctor missed and put a small whole in the back of the eye, which caused fluid to seep out and the eye shriveled and he got a glass eye that was their solution he was retired AF when they did this their only gesture is that since my momm had to take time off from her job to drive him to March Field Hospital for his doctor appointments they never had to wait Dale was always called on time and she did not have to waste her entire day sitting around the hospital but they would not pay any financial compensation and I think the Naval doc got a reprimand in his file which I don't think bothered him much he was just counting his days until he could go practice in the civilian world and make some real money.....Feres is the military medicals get out of jail free card and you can't sue me all the soldier and their family get is frustration even trying

[Berta]

http://www.huffingtonpost.com/joanne-doroshow/for-veterans-day-lets-fix_b_353462.html

This article (and the show they did on deceased war veteran Rodriguez)shows the chilling ramifcations of the Feres Doctrine.

I wonder sometimes what other nations in the world think of the Feres Doctrine and the lack of accountability it has insured the military medical system for decades.

[john999]

As far as suing the military I think they have sovereign immunity. If they hurt you they have to pay in the form of disability compensation. It is like when I worked for civilian feds. If you get hurt on the job even if it is due to their negligence all you can get is workers compensation. Hell, you have to get a lawyer for that sometimes. Example: Soldier gets hurt on battlefield. The doctors trying to save his life make mistakes that cause him major malfucntions later in life. Can you sue those doctors? I don't think you can but you can get compensation I think. I am thinking off the top of my head. Suing institutions is a lot harder than you might think. They get protection from congress.

[Hoppy]

I am thinking of looking into retroactive military retirement. I remember this came up about 10 years ago. I can't remember much about it.

[hawkfire27]

Hey hoppy.

In answer to your topic, no you can't sue the millitary for medical malpractice for the time period you were on active duty or reserve. But you can sue them if the malpractice happened after you were discahrged. you can find that info here:

http://www.chalatlaw.com/FTCA-Military-Medical-Malpractice-Claims.html

"The most familiar, and arguably, the most unfair, exception to the FTCA, is known as the FERES (pronounced "fairies") doctrine, which takes its name from an old United States Supreme Court decision, FERES v. United States, 340 U.S. 135 (1950). Under the FERES doctrine, members of the United States armed forces are barred from making a claim against the United States for personal injury or death arising "incident to service." Military medical treatment received by a service member, while he/she is on active duty has been held by the courts to be "incident to service," and, thus not actionable, even if that treatment was for a purely elective procedure, and even if the procedure was performed negligently. The FERES doctrine has also been applied to bar cases by service members in which the negligence, such as being exposed to Agent Orange, occurred while the service member was on active duty, but, where the injury did not become apparent until many years after the service member had been discharged. " © Copyright 2010. Chalat Hatten & Koupal PC. All Rights Reserved

If you are thinking about getting a military discharge upgrade to medical discharge or medical retirement you can check out this hadit thread:

I am thinking of looking into retroactive military retirement. I remember this came up about 10 years ago. I can't remember much about it.