While my fiance was active duty he was referred to a civilian doctor to have surgery. During the surgical procedure a instrument was broken off inside him and left there. He is worse now than before he had surgery. Ultimately the military medically discharged him; he can no longer work. Does anyone know if the military can be sued for referring him to this surgeon? OR, can the military sue on his behalf? His career of 20+ years ended as a result of this surgery.|||1. No, can't sure them for the referral.
2. Sue the operating Dr, the Military will not do it for you.
3. Sad to see a good career ended that way.
4. Good luck to the both of you.|||Make sure he has copies of all of his Medical Records
both Military and Civilian...
File a Disability Compensation Claim with the Dept of VA,
his Treatment for that surgery is Free for Life...
They will back his claim up from
"Date Of Discharge"...
Get in touch with a DAV Service Officer...
(Free Service)
They have Offices in all VA Regional Offices and
most VA Hospitals...
Also file a Disability Claim for Social Security
Disability (SSD) do that tommorow as there
are time constraints on filing.
You can Sue the Civilian Doctor as he is not
covered by the same BS the Military Doctors are.|||he wont be able to sue the military for referring him to a civilian surgeon. thats what the military has to do if they do not have the right treatment or room for him at that time, which is probably why they referred him in the first place. the military did not know before hand that this surgeon was going to break an instrument off in your husband. however, you should be able to sue the surgeon, he definitely shouldnt have his liceanse. i would talk to someone at legal, they can give you more advice on how to go about this.
good luck!|||You can sue the federal government under the Federal Tort Claims Act. However, I think it's unlikely you would win in this case. The best cause of action is against the doctor that did the surgery. Better get with a lawyer asap because there are strict time limits. Usually 1 or 2 years depending on the state.|||No you cannot sue the military. You can and should sue the civilian surgeon and have him charged with malpractice. Such an incompetent person should never be allowed within 100 miles of a hospital. See the people at the VA hospital, they may be able to help.|||The military cannot be sued for medical malpractice at all. If they could, a referral is not malpractice. The doctor that screwed up is the one who is responsible. The government's only responsibility is for disability pay.|||nope you cant sue the gov. because before he joined the military he signed a paper stating that him or anyone else could not sue the US government for any reason. i don't know about the doctor that did it though. definitely go to the VA|||You can't sue the government and the military is part of the government. I suggest he contact the nearest VA office.|||no. but he CAN sue the surgeon himself for malpractice.|||"Tyler L" is wrong. The other posters are correct.|||Go for it, Call your Lawyer.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment