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Berta

Supremes Give New Immunity Ruling

Question

Supremes Rule on Gov malpractice

http://www.allgov.com/news/controversies/supreme-court-rules-us-government-not-immune-for-medical-malpractice-by-pentagon-doctors-130306?news=848653

In part:

“Military physicians have long enjoyed immunity from medical malpractice cases, but a recent ruling (pdf) by the U.S. Supreme Court has opened the way for some lawsuits to proceed against doctors who harm their patients.”

and:

“Doctors working for the Department of Veterans Affairs have been immune from medical malpractice litigation since 1965, when Congress adopted legislation protecting them from lawsuits. “


True. Litigation is brought against the VA directly and settled with the United States of America.


The only way VA doctors are disciplined is via the National Practitioners Data Bank that gets them placed on the Dept of Health and Human Services list of disciplined doctors (which is public knowledge and listed by DHS state web sites.

The OGC gives the NPDB that info (that is they are mandated to but dont always do that )


This Supreme Court decision however can impact on any patient of a military physician.

It will be interesting to see how this news will affect the prior immunity of part of the medical community (the military part)

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Supremes Rule on Gov malpractice

http://www.allgov.com/news/controversies/supreme-court-rules-us-government-not-immune-for-medical-malpractice-by-pentagon-doctors-130306?news=848653

In part:

“Military physicians have long enjoyed immunity from medical malpractice cases, but a recent ruling (pdf) by the U.S. Supreme Court has opened the way for some lawsuits to proceed against doctors who harm their patients.”

and:

“Doctors working for the Department of Veterans Affairs have been immune from medical malpractice litigation since 1965, when Congress adopted legislation protecting them from lawsuits. “

True. Litigation is brought against the VA directly and settled with the United States of America.

The only way VA doctors are disciplined is via the National Practitioners Data Bank that gets them placed on the Dept of Health and Human Services list of disciplined doctors (which is public knowledge and listed by DHS state web sites.

The OGC gives the NPDB that info (that is they are mandated to but dont always do that )

This Supreme Court decision however can impact on any patient of a military physician.

It will be interesting to see how this news will affect the prior immunity of part of the medical community (the military part)

Berta,

Thanks for posting this.

Your quoted part above that I made larger - in red and underlined is so true.

I was very surprised when my FTC hit the court and stated my name against

The United States Of America.

Just those words made me feel horrible, but it is - what it is:-(

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Yes Carlie, it is a staggering thought that the USA is the responsible party.

My settlement papers start out with "It is hereby agreed between the United States of America, by and through (then they give name of the VA General Counsel VA lawyer) and then they add my name, then state The United States agrees to pay.... they put the settlement figures there and then state

Unites States ,6 more times, having the OGC lawyer sign for the United States of America , at the last page where the offset agreement was determined and then they had the questions for my bank account for wire transfer of the funds.

It sure is chilling to read.I am glad I kept this original document because I needed when the VA had to refund the offset to my DIC in 2009.

I agreed with OGC that I would never reveal the settlement but I didn't agreed not to gripe about the fact that the USA ,under auspices of the VA,

killed my husband with piss poor medical care and did not follow through with a proper reporting of the negligent doctors to the NPDB.I havereminded the OGC of that fact from time to time.

When you love your country ,as we all do here, in a case like mine, the US of A is the responsible party.

You are right ....it is what it is.

FTCA...the VA Office of General Counsel has superb lawyers who know 38 USC in and out.

I have tremendous respect for them all and they were a smart but difficult adversary.

Still the magnitude of my evidence spoke for itself. It was the easiest personal case I have had in almost 15 years as a VA claimant.

Because Lawyers can read.

Edited by Berta

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I can see how odd it must be to see {name} vs. USA. It's almost like you are suing yourself.

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