If you're in the Armed Services in the US, lets say Army for simplicity's sake, and you're injured, you're treated by an army doctor, who's actually an enlisted person. If this Army doctor preforms medical malpractice on a soldier or other enlisted person, lets say gives them the wrong medication and causes brain damage or amputates the wrong leg, how does it work?Can that soldier/army fold file a civil suit for malpractice or is that agaisnt the rules? Would they file a millitary suit?Just curious, I've always wondered that. I know the army has special medical rules because Army doctors won't proform abortions, ect
I wasn't saying armed forces doctors are inferior. It seriously is an entirely different feild of law though, which is why I asked. And would the Army just pay for therapy and prostetics or would they also give punitive damages? Thanks
*field
God the right wing gets up early....simmer down, it's only a question. And it's the termination of a fetus, thank you
2 things-
1. I don't know the difference between an officer and a teapot so I don't know what a doctor in the armed services is.
2. OMG A COURT CASE! YAY
someone with actual evidence!
woo hoo!
boyan
what you can do is to report your case to the superior?He or she can then be given the diciplinary case
Rob
First things first, a doctor is a doctor. Enlisted people are medics or Corpsman in the Navy. But doctors are officers who have gone through the same medical school as any other doctor, have gone through the same internship, and can lose their license for malpractice the same as any other doctor. Just report it and the military will pay you if it was the doctor's fault. And that doctor will most likely not be a doctor anymore...
Penguino
First off Doctors in the Army are both real MD's or DO's and are Officers, not enlisted personnel. Medical technicians are enlisted, from basic medics (like EMT's) to the specialty folks like x-ray techs and such.
If malpractice occurs a Military member may file a claim against the government.
As far as killing the unborn, this does not happen in military medical facilities.
The health care given to U.S. Military personnel is among the best in the world.
James M
When you enlist in the military, you basically waive your rights to sue the government. There is a little clause in your contract, that they do mention, but most people probably say "whatever" when it comes up and just sign. If there is a "screwup", the military will do their best to fix the issue, but the chances of seeing money as a result, are very slim to none.
Mrsjvb
uh for one, all doctors and nurses inn the Branches are OFFICERS and have gone through the same amount of training as any civilian doctor or nurse out there.
Two: no a servicemember cannot sue the military or an individual who was acting in accordance with their job description.
Do mistakes happen? yes. Investigations are conducted and if found to be guilty of wrongdoing, the guilty parties are punished accordingly.
pacer
This should make it easier to understand;
Feres v. United States, 340 U.S. 135 (1950), is a case in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.
The practical effect is that the Feres doctrine effectively bars service members from successfully collecting damages for personal injuries, whether or not they were suffered in the performance of their duties. It also bars families of service members from filing wrongful death or loss of consortium actions when a service member is killed or injured. The bar does not extend to killed or injured family members, so a spouse or child may still sue the United States for tort claims (such as medical malpractice), nor does it bar service members from filing either in loco parentis on their child's behalf or filing for wrongful death or loss of consortium as a companion claim to a spouse or child's suit
Members of the Armed Forces.
http://www.vfvs.com/CLARIFYING_THE_MYTHS_FERES%20DOCTRINE.html
Orignal From: If you're in the armed forces, US, and a doctor...Details inside?
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