I fell durung PT and hurt my right knee (it gave out and I fell to the ground) They took for some xrays, and found out that I had Osteochondritis dissecans. the doc gave me options for surgery, and noted it in my file. They did not give me any surgery to fix the knee. They discharged me saying that the injury was not sevice related or aggravated by service, thus I could not get the medical treatment that could have helped me. I was Let go in 1985 and tried to seek medical help at the VA and was refused. Before I apply for VA benifits should I talk with a lawyer first???
tallerfella
Nope...............
You can talk to a lawyer, but I doubt it will help.
cerealkillerchicky
speak to ur va rep. in ur area and think about going in front of a board in DC to overturn the decision by the doctor. but u have to have plenty of evidence that it was service connected. paperwork from back then proving it, xrays, something. so gather and then contact. good luck.
reconciled one
No you can't sue the military for malpractice. The VA is your avenue for compensation. If it's in your file, shouldn't be a problem. Anything that happens while on AD is service related, having it in the file is the key.
Annie
Military members can not sue military doctors for malpractice. If the injury was due to a preexsisting (but unknown)condition, than it may not be eligable for coverage through either the military or the VA. I would suggest talking with a lawyer to find out what you may need to do since you are re-applying after being denined benefits before, just to be on the safe side.
desertviking_00
No. You can't sue. They are protected by the doctrine of sovereign immunity. FYI, Osteochondritis Dissecans of the tibial tuberosity (Osgood-Schlatters) is disqualifying for entry into the armed forces and should have been detected at your MEPS physical, even if you "fudged a bit" on your report of medical history. If you completed less than three years of service, the presumption of service aggravation is not there.
The VA is not under any legal obligation to award you disability payments for a disqualifying condition which existed prior to entry.
Make sure you mention all of this to your attorney.
maria g
yes, but I think you have run out of time!!!
artilleryman89
It was so long ago it's not gonna happen. Maybe back when it happened, but I doubt it now.
forgivebutdonotforget911
First, you need to talk to a service officer from the American Legion, VFW or disabled American Veterans. They can help you apply for a service related injury to the VA. Hope you got a certified copy of your military medical record, because if you do not, you must get a copy from the big cave in St. Louis. Good luck with that. Even though the military denied your claim, the VA might just approve it if you do the paperwork right.. If the VA does, then you can get surgery via the VA system.
Second, you can not sue. The Ferres Doctrine applies. Even if you could sue, Federal law only allows you to pay the Lawyer $ 10 and most will not take a case for that amount of money. Talk to a lawyer and you waste your time...
Mrsjvb
active duty and former AD may not sue the government at all.
le VicSter!
Good luck.
You injured your knee at your own accord during PT. Technically - you're not on duty.
So no, you cannot sue for medical malpractice/neglect. Even if you tried, you're former active duty.......you can't.
And when it comes to surgery and the military....the doctor gives you the options, but it is up to YOU to schedule it.
Orignal From: Is it possible to sue the US Military for med malpractice or medical neglect?
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