After having a surgery at military hospital, if a person does not recover all right and it is their fault, can the person sue?
If so, who the doctor or the hospital? Will Tricare pay for a second opinion at a civilian hospital, if it has been more than 30 days?
Please do not answer, if you are not serious!!!!!
2006-06-30 07:01:43 · 15 answers · asked by Cilek 3 in Politics & Government ➔ Military
The person is a dependent.
2006-06-30 07:09:11 · update #1
Dependants can sue the military. BUt it is a long and hard process.
First you need to get copys of all your records and hope that the MTF hasn't lost them. THen you need to get a lawyer that is trained in military justice and handles malpractice suits (look in the back of the army times or the air force times, there are always ads for malpractice attorneys that were jags, then they know the inside and outside of the system). But get your records and take the originals!!!! Copys wont hold up in court.
Tricare might pay for another operation, but if they do then you lose your chance to sue. Also if you sue tricare, they have the option of dropping you from the insurance plan and your husband might take some back lash (they won't use that as the excuse for discharge, but they might decide that his job is no longer open and he needs to be a part of the force cuts).
Get your records and then talk to the lawyer and see what the best course of action would be.
2006-06-30 07:58:54 · answer #1 · answered by jaelyn1976 2 · 1⤊ 1⤋
Dependants can sue. Case in point.. several recent judgements against US Naval Hospitals in Jacksonville regarding people dying after routine surgery and children being born with severe issues that could have been prevented. HOWEVER. Its a long hard process that takes many many years and more often than not comes to nothing.
2006-06-30 10:58:05 · answer #2 · answered by Mrsjvb 7 · 0⤊ 0⤋
If you are the person in the military you can't sue. But you can if you are the wife of family member of the military person. Who knows about tricare they are a pain in the butt sometimes.
2006-06-30 14:33:29 · answer #3 · answered by nay 5 · 0⤊ 0⤋
Dependents can sue - but it is made very hard and difficult and can reflect or cause problems as well for the active duty member - so you have to weight it out. You will be discouraged from suing that is for sure. Had a friend and she chose not to sue.
2006-07-01 00:32:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
To my knowledge there is a Feres doctrine refers to a principle whereby a member of the military is barred from recovering damages from the United States on a claim brought under the Federal Tort Claims Act for injuries sustained in military service. The standard was set in the Supreme Court case Feres v. United States, 340 U.S. 135 (U.S. 1950). The Federal Tort Claims Act allows persons intentionally or negligently wronged by a government employee to sue the government for their injuries. However Feres decision bars suits involving injuries to members of the armed forces. Even though the doctrine has long been criticized as unfair to service members it continues to be in force.
2015-04-21 10:15:59 · answer #5 · answered by Lindsay 1 · 0⤊ 0⤋
You cannot sue the Gov't unless they let you. In cases of gross misconduct, you may be able to sue the doctor personnally. There is a classis story about a person who needed their leg cut off due to a disease. When awaken in the ICU, the patient saw they cut off the wrong leg. The other leg had to go. After recovery, the patient wanted to sue the Gov't. His lawyer said, "Sorry, but you don't have a leg to stand on."
2006-06-30 07:08:10 · answer #6 · answered by Richard B 4 · 1⤊ 0⤋
I am afraid you'll have to go to Jag to get an answer to that question. If you are a dependent you should be fine and can use and outside attorney for help, however, if you are enlisted you are screwed. You signed documents upon your sign up that said you would not sue the Gov. and you became gov property. Any lawyer can explain this to you via telephone.
2006-06-30 07:07:39 · answer #7 · answered by chellimerrett 2 · 0⤊ 0⤋
i don't know if it applies to spouses (and since you didn't specify, we don't know), but everyone in the military signs a waiver stating that they waive their right to sue the government for anything and i am quite certain that malpractice is included....however, if it was the gross negligence of the doctor and not an honest mistake, then i'd make sure you nailed his job to the nearest dd-214....
2006-06-30 07:07:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes, you can sue under the uniform code of military justice.
2006-06-30 08:04:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You should see a lawyer. as far as tricare if you keep complaining, and i mean bit.....ng about it they will send you to a civilian doctor.
2006-06-30 07:11:02 · answer #10 · answered by xadralix 2 · 0⤊ 0⤋