My husband was in the military, and during his tour, he was admitted into a military hospital in New Jersey to undergo a kidney operation. The doctors accidentally cut an internal organ, before sewing him up. A few weeks later he nearly died from infection and septic shock. He is now severely debilitated, and he has suffered significant internal organ damage.
Can a Military Doctor be Sued in a Malpractice Lawsuit? Can we sue the government for medical negligence?
Answer: (1)
Military medical malpractice is a tricky type of case, because there are laws that protect military doctors from civil lawsuits. It's called the Feres Doctrine and dates back to almost 60 years to a supreme court ruling. There are initiatives now to rewrite the law, so that injured soldiers and the family members can seek justice for negligent medical treatment.
There are some loopholes in the law, that allow former service men and thier families to file a medical malpractice suit against the military doctor or hospital. You should talk to a medical malpractice lawyer about your case, and find out if there is a way around the law.
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Posted by Staff Writer on 21 Jan 2010