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Medical Malpractice/Doctor Mistakes
Members of the Military cannot file medical malpractice claims due to unfair Feres Doctrine
There are some laws that just don't make sense. The Feres Doctrine is one of them. This doctrine is a federal law under which active-duty military personnel are prohibited from suing the U.S. government for injuries related to military service "even if gross negligence was the cause," according to Medical News Today. Even more egregious is the fact that the policy extends to injuries which occurred while the service member was off duty and/or was not caused by military personnel.My colleague Rick Shapiro wrote about the archaic nature of the Feres Doctrine and how unjust this policy is in many circumstances. For example, Air Force Staff Sgt. Dean Witt's had appendicitis but was misdiagnosed. He was sent home with antibiotics and collapsed. He was rushed into surgery and came out brain-dead. He and his family have no legal recourse for the misdiagnosis and subsequent harm stemming from the misdiagnosis.
Here's a video illustrating the impact of the Feres Doctrine on military members and their families...
"I consider the Feres Doctrine to be one of the most grotesque rules created in the history of this republic," said Jonathan Turley, a law professor at George Washington University. "It has done untold damage to thousands of military personnel and their families."
This issue is extremely important in Virginia (VA), especially the Hampton Roads area where there is a large military presence. Under the Feres doctrine, the spouse and family members of our courageous military men and women can sue under the Federal Torts Claim Act for medical malpractice, but the active military member has no recourse. Our brave service men and women deserve the same basic legal protections we have.
About the Editors: Shapiro, Cooper 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. 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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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.
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Medical Malpractice/Doctor Mistakes
- Retained Surgical Sponge and Subsequent Complications
- Failed Back Surgery
- Failure to Diagnose/ER Doctor/vascular incident (aortic aneurysim)
- Gastric Bypass (stomach stapling) Surgery complications
- Gallbladder Surgery Error
Awarded: $425,000.00 Settlement
Awarded: The case was settled before the trial for 1.25 million dollars.
Awarded: $700,000.00
Awarded: $550,000.00 settlement during mediation.
Awarded: $425,000
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Medical Malpractice/Doctor Mistakes
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