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.

[Pete53]

I think that there is current legislation to do away with Feres Protection of Bad Medicine

[john999]

Federal civil service has the same doctrine as far as injuries on duty. All you can get is compensation according to how much you were earning. My old employer, the post office, was negligent as hell, but all you could do was get workers compensation. If they sent you out in a truck with no brakes and you had a wreck you got workers comp and that was it.

[vaf]

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.

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My husband and I have been through this journey already, Hoppy. In his case, the negligence was clear-cut, by the USAF's own admission (of course they used the word "overlooked" instead of "neglected.") The Feres Doctrine quite clearly prevents active duty military from suing the government for medical malpractice. My understanding is that this law applies to even the most aggregious of circumstances. We sought civilian legal counsel at the time and had this information confirmed to us.

[atlaturne]

Normally in a med malpractice case,you have to have an affadavit from a Doctor who will state(and if necessary testify)that the degree of medical care,or the ommision complained about,did not meet the accepted degree of medical treatment in the"community" at the time in question and as a direct result the patient was injured. It must be certain,proven,and can't be based on speculation.Needless to say,this is a very complex and EXPENSIVE propisition,as it begins by locating and hiring a Doctor who will sign such an affadavit and at some point testify about it against another Doctor.You might Imagine how difficult it is(and expensive) to get one medical doctor to testify about, and against a fellow M.D.

[cannoncocker]

Reaching back to the archives during one of my blunt object battles with the overlords during which I was working for the Army overseas and did some research and found that the government could not be held estoppel. As in they cannot be held accountable for a mistake. This was purely a personnel action so possibly medical is different but I rather doubt it.

But like I said this is awhile back and laws change so it could well be different now. The personnel office had done something improper but could not be held to correct the mistake. Had to do with travel allowance.

[vaf]

Normally in a med malpractice case,you have to have an affadavit from a Doctor who will state(and if necessary testify)that the degree of medical care,or the ommision complained about,did not meet the accepted degree of medical treatment in the"community" at the time in question and as a direct result the patient was injured. It must be certain,proven,and can't be based on speculation.Needless to say,this is a very complex and EXPENSIVE propisition,as it begins by locating and hiring a Doctor who will sign such an affadavit and at some point testify about it against another Doctor.You might Imagine how difficult it is(and expensive) to get one medical doctor to testify about, and against a fellow M.D.

The way the attorney explained it to us, a military surgeon could amputate the wrong leg, or operate on the wrong lung, or otherwise perform an aggregious error that would constitute malpractice in the civilian setting. If something of that nature occurred to a military dependent, the dependent could sue for malpractice. However, if it happens to active duty military, the soldier cannot sue the government. The best he or she could hope for would be a medical discharge, if warranted, and then depend on the VA for a rating and future treatment after the condition stabilizes. If the military medical establishment through malpractice causes the death of the soldier, there's not a thing the family can do about it in the courts regarding a malpractice suit.

Edited June 17, 2010 by vaf