Shapiro, Lewis & Appleton
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The family of Miriam "Feenee" Hadley received a $450,000 settlement from the federal government in a medical malpractice case focused on the death of Miriam after a surgery to remove an infected boil. The settlement represents a measure of compensation for her surviving spouse, but the senseless death of Miriam Hadley will linger. This is a patient death that proper medical care could have readily prevented.
Miriam's death occurred at the Portsmouth Naval Medical Center and her husband is a retired Navy petty office named Randy Handley.
What's truly disturbing about this case is the realization that if Randy died at the medical center, his family would have no legal recourse in seeking justice. Why? Because of what's known as the Feres Doctrine.
This doctrine, dating back to a 1950 Supreme Court ruling, disallows negligence lawsuits on behalf of military service members. This means a civilian has more legal rights than our brave men and women in uniform. It's an unfair and simply illogical doctrine, as evident by the Hadley case.
If Miriam had served in the United States military, her family would not have been able to file a medical malpractice lawsuit. Does that make sense? Of course not. The individuals who put their lives on the line for our country deserve equal rights when it comes to medical malpractice claims.
The injustice doesn't stop with military personnel either. Since Miriam's death occurred in a government medical center, the family's claim falls under a federal law known as the Federal Tort Claims Act. There are a number of rules and stipulations encompassing this law including:
1) All suits must be filed in federal courts
2) There is no right to a jury trial. The matter is decided by a federal judge
3) Before any such suit can be filed, there is an administrative claim form which must be filed with the government that is a prerequisite to any lawsuit. This is essentially a trap that can snuff out a claim when a person fails to follow the administrative rule.
What's the solution if you're filing a claim against the government? Obtain legal advice as soon as possible.
As an injury lawyer practicing for over 20 years in Virginia (VA), I've represented numerous individuals in medical malpractice cases. For example, I handled a malpractice case involving a woman whose husband was in active military service. She underwent obesity-reducing gastric bypass surgery in December 1996 by a surgeon in at Portsmouth Naval Hospital in Portsmouth, (VA), and endured horrendous after effects due to the improper stapling of the gastric pouch. These effects included vomiting, ulceration, the loss of her teeth due to nutrient deficiency, and multiple surgeries to correct the initial error.
I argued the case effectively by illustrating the damage done to my client's body and the lifelong ramifications. The judge approved an attempt at mediation with a federal magistrate judge who successfully assisted in having the government pay our client substantial compensation. Once again, reverse the situation - if her husband had suffered the same injuries, they would not be able to file a claim at all. Simply outrageous. Congress has been considering changes and if you get an opportunity write to your U.S. Senator and express your support for a change in "the Feres Doctrine."
About the Editors: Shapiro, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Check out some of our case results. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.
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How can you identify a top Virginia injury lawyer for your case? Look no further.
Our VA personal injury lawyers have been selected for many accolades.
Two of the attorneys with our Virginia Beach accident injury law firm, James Lewis and Rick Shapiro, have been named the Best Lawyers in America since 2008. Two of our VA injury lawyers -- Lewis and Shapiro - have been named to Virginia Super Lawyers for Personal Injury since 2010. In addition, Lewis and Shapiro have been selected for inclusion in the National Million Dollar Advocates Forum since 2009.
Our VA accident injury law firm was the first in the commonwealth nvited to join Primerus, a select group of highly ethical and respected law firms. Rick Shapiro was named as one of the Top 100 Injury Lawyers in Virginia by the National Trial Lawyers Association.
In October, 2000 our law firm and co-counsel obtained what was then the largest verdict in Virginia's history for an injured person. Our brain damaged client received an initial award of $46 million that rose to $60 million with interest when the defendant abandoned an appeal and agreed to settle.
Geographical Areas
Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.
In Virginia, this includes Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond, Petersburg, Roanoke, Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, Ashland, Big Stone Gap, and every community on the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague and Wallops Island.
In West Virginia, we can handle personal injury claims in Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling and any other town or county.
Injury Lawyers licensed in VA, WV, North Carolina (NC), South Carolina (SC), Kentucky (KY), Florida (FL) and Washington, DC.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.
Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about.
While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.
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