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Military Members' Civil Rights Come to Fore in Recent Reports
The jobs soldiers, sailors, Marines, airmen, Coat Guardsmen and National Guardsmen do require them to take great personal risks. These brave men and women too often get injured or killed in the line of duty.None should face risks from their superiors or civilian colleagues, however. Members of the military do not surrender their basic civil rights to protection from intentional or negligent harm when they put on their uniforms. If anything, the men and women of our Armed Services need to have more protection from personal injury.
Why should service members not be entitled to sue if a military doctor or military hospital commits medical malpractice? Under a court-imposed doctrine known as the Feres Doctrine, an active-duty military member normally cannot bring a medical malpractice claim against a doctor working in a naval hospital, even for gross negligence. Moreover, these protections seem completely inappropriate, particularly when the problem did not occur in a war setting.
There are also various legal obstacles to bringing suits for the negligence of contractors working at military bases whose acts cause injury.
Three recent news stories brought these thoughts to my mind. The most recent involves repeated reports of inappropriate hazing and sexual harassment committed by a noncommissioned officer serving with a dog-handling Navy dog-handling unit in Bahrain during 2007. Earlier in Iraq, a West Virginia National Guard was chronically exposed to a toxic chemical used in oil drilling. The contractor placed in charge of the site where the environmental exposure occurred, KBR, has already paid out millions in settlements to its workers and other Guardsmen. It is unclear whether the NCO who oversaw sailor abuse in Bahrain ever received punishment.
Because active duty members face so many risks--and also because the harm done during military service may not show up for decades after discharge or retirement--my law firm of Shapiro, Cooper, Lewis & Appleton specializes in military injury cases. We understand how to process military injury claims, and we understand motorcycle accidents involving service members. We could do no less and still meet the legal needs of such a large segment of the Hampton Roads community.
About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.
EJL
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Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:
Several Injury Attorneys With Our Firm have been included among the "Best Lawyers in America" 2010 Edition (Lewis-Injury Law, Shapiro-Railroad Injury Law) and been Named As Virginia "Super Lawyers" For Personal Injury Law (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .
In October, 2000 our law firm and co-counsel obtained, what was then, the largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal). Click on icons for more details.
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Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.
As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of 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, Ashland, Big Stone Gap and any other city/ounty.
As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.
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