2007-10-30 10:22:12 · 12 answers · asked by ? 6 in Politics & Government ➔ Law & Ethics
Depends.
1. Is it a military member? No; barred by Feres doctrine.
2. Was this emergency lifesaving surgery in which a civilian was incapacitated and unable to consent? Yes, but probable loss.
3. Was this just a case of a doc working on a civilian patient and saying "while I'm in here, I'll snip THAT" and complications developed in "THAT"? Yes, with a more likely chance of recovery in court.
If this is a federal hospital, you must first file a claim under the Federal Tort Claims Act using an SF Form 95.
If this is a state hospital, you should look at whether your state has waived sovereign immunity to permit such suits.
2007-10-30 10:26:04 · answer #1 · answered by Anonymous · 1⤊ 0⤋
There's not enough information in your question for an answer to be given. A Government hospital could be a County hospital, a VA hospital, or a "on base hospital" When you say "unauthorized surgery" do you mean no one signed a consent form? Complications, infection something minor or something major? What was it caused by?
2007-10-30 17:32:53 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I think you can sue for anything, but chances of winning would be a whole lot lower than in private practice or .org hospital setting. I know of a doc doing a hip on a retired colonel - the doc nicked an artery, and the patient flatlined - the surgeon was a space cadet and barely fluttered at the whole experience. Nothing happened to the doc, but pretty shoddy work - this was a little while back, but I assume not much has changed...
2007-10-30 17:27:04 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It all depends if it was a life or death situation on the other hand if it was an act of negligence you probably can sue, but I would recommend that you give the matter serious consideration and seek legal advice first. You want to be very cautious about suing anyone especially a government facility.
2007-10-30 17:32:35 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You can sue based on the unauthorized surgery alone. Complications just add to it.
2007-10-30 17:24:53 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Was the surgery performed in order to save your life? If it was, authorization isn't required if there's no one to give it. However, if the operation wasn't performed to save your life, then yes, you can definately sue. And the complications will only help your case.
2007-10-30 17:26:46 · answer #6 · answered by Shayna 5 · 1⤊ 1⤋
A government hospital (assume you mean VA) is subject to medical malpractice lawsuits just as private hospitals are. Contact a local attorney who practices medical malpractice and have him/her review your case.
2007-10-30 17:25:42 · answer #7 · answered by CatLaw 6 · 1⤊ 1⤋
If they don't have signed consent form, then it's open and stitched case, but what compensation you get is another story.
2007-10-30 17:29:09 · answer #8 · answered by Mister2-15-2 7 · 0⤊ 0⤋
You need talk to a lawyer, but I think so.
2007-10-30 17:25:45 · answer #9 · answered by zipper 7 · 1⤊ 1⤋
Well, it certainly does seem that way judging by what you said
2007-10-30 17:25:28 · answer #10 · answered by Anonymous · 1⤊ 1⤋