I have a friend whose brother died in a military hospital in Germany. He was involved in an automobile accident. The death resulted from complications related to an infection in his leg. They amputated the wrong leg and it killed him. The doctors were negligent in their treatment. This was the explanation given to the his mom. by the base commander. She has contacted VA, base legal and numerous patient advocates with the hopes of persuing legal action.Under the Tort Claims Act of 1946, commonly known as the Feres law or the Feres doctrine, prohibits any private parties from suing the U.S. government for any torts committed by any person acting on behalf of the government. This law is to prevent people for suing from injury and death in combat. An admitted act of negligence is also protected. Is there any recourse the family may take against the government aside from negative publicity?
2007-12-09 12:38:06 · 7 answers · asked by wx_guy 3 in Politics & Government ➔ Military
Over the years I've read of cases like this from time to time. I've never heard of anyone being successful in their suit. The law is heavily stacked against the plaintiff.
I knew of a guy who went in for a vasectomy. Instead of cutting the tube to the testicle they cut a blood vessel and that ultimately resulted in his death. The family tried to sue. They got nowhere.
The navy had a cardiac surgeon at Bethesda who was blind in one eye and had no depth perception. He killed at least a half dozen patients before being investigated and removed from the service. The families tried to sue. They got nowhere.
2007-12-09 13:53:54 · answer #1 · answered by Yak Rider 7 · 0⤊ 0⤋
They might not be able to sue for compensation but as a surviving spouse she should be able to get some compensation. My personal advice is to try to get as much in writing as possible first of all. A copy of all medical records is a MUST! and contact the DAV they are a great help and of course the VFW because he was overseas. The VA sometimes is not very willing to tell you all the options that are available and statistics prove that people going through the DAV or VFW for assistance end up getting compensation more often then people going it alone. The DAV and VFW also will offer help for free rather then expensive attorneys and membership if you decide to help there cause is relitivly cheap (for me at age 29 it cost me 300$ for lifetime DAV membership)
2007-12-09 21:08:52 · answer #2 · answered by hmeetis 4 · 0⤊ 0⤋
They can not sue the goverment (or Army), but there may be recourses for negiligence on the doctors part. The only way to know is to contact an attorney, and know it's an up-hill battle.
But they should have recieved his SGLI, depending on who he had set it up to go to.
2007-12-09 21:07:15 · answer #3 · answered by Meghan 7 · 0⤊ 0⤋
I don't think so. The military already has a very generous death benefit for active duty soldiers, it's almost $500,000, I'm not sure why there is a need for more.
2007-12-09 20:58:00 · answer #4 · answered by The Scorpion 6 · 0⤊ 0⤋
The military hates one thing a Congress person to get involved call one
2007-12-09 21:06:33 · answer #5 · answered by papabear098 4 · 0⤊ 0⤋
they can contact a private attorney. If there was negligence (wrong leg). This is the way that I would go.
2007-12-09 20:48:12 · answer #6 · answered by Empress Jan 5 · 0⤊ 0⤋
Nope.
2007-12-09 20:55:57 · answer #7 · answered by jeeper_peeper321 7 · 0⤊ 0⤋