can you file a lawsuit on military for diagnosing you with personality disorder and then kicking you out for misconduct.i thought they were supposed to give you free medical.
even though you didnt do anything that was misconduct. and they prescribed you with medication.and told you that you are being kicked out?
and what are the statistics on winning and how can you prove it?
oh yeah and they talked to JAG and it didnt help. they supported the military.
no it was diagnosed in the military and it wasnt because of war.
they said hes not aloud to go to the VA for treatment
well he was late several times because the medication he was on made him pass out. it is called zyprexa.
ok thanx that is a good answer to my question
sleepiness is a side effect of zyprexa oh yeah and the military doctor told him that he says and they even told the seargeant
chocolateknight69
yea if u can prove it
Jessica
I would go talk to JAG
John T
NOPE. But you can go down to the VA for treatment.
chappye7
Was the disorder before he joined. If so than no you cannot sue. But is he developed it while on active duty and because of war, you might have a case.
Sean M
lol they can do anything you sign a contract that says they basically says they own you, if they dont want you anymore they get rid of you
Holbrook
Was your Misconduct because of your Personality Disorder?
Examples: You are Bio-polar and you freak out and cuss out your Commander...maybe...
or
You were late many times and you got popped on a piss test...no....
Edit: They have to say what the misconduct was...either on the Article 15 or the Chapter Paperwork...trust me you have to have a good "paper trail" to kick a soldier out now...and Commanders do their homework...they send everything to JAG before it is put through....JAG's job is to keep the Government from being sued...I think your friend is leaving some things out...
It all depends on what your misconduct was...
EDIT 2: If that is a side effect of the drug then he has a case...if it isn't he is screwed...have him look up all the side effects from the drug and if that is one of them...he has a case...but if it says that if you drink alcohol with this med then it will case you to sleep and he did...then it is on him...
EDIT 3: He needs to talk to a Lawyer that handles things like this...he may at least have a case to Medical Boarded....
John W
You can talk to a private attorney and see if there is a case. Frankly, it sounds weak. The regulations provide for separating a soldier for mental conditions. If it was a pre-existing condition, you're not going to get medical benefits to cover it.
JAG can't assist you in a suit against the Government because they are government employees and they're not allowed to represent you in civilian matters. You have to get your own civilian attorney.
utahmike42
Nope! Read the Feres Doctrine. It's one of the most asinine pieces of legislation ever passed.
sawnegeetl
when a person joins the military they are put through a series of evaluations physical and mental because the military does not allow people with mental illnesses to join because it could endanger others as well as there selves in combat. plus a person is made to sign and fill out many contracts aknowelging that then knew the army can and will kick them out over such things as mental illness and misconduct and it list everyting they can do and not do.
I'm surprised that the military still held on to that person for that long after being diagnosed with personality disorder by a doctor.
and if it was misconduct then they had to do something serious to get kicked out for it its hard to get booted out of the military unless a person is just really trying to get the boot.
and its the government a doctor diagnosed that person then they screw up seriously and got kicked out which I'm sure the government has record of it so no.
it sounds like they enlisted and lied like many do to get in with a mental disorder that can be proven through previous records and the goverment found out and kicked him out on terms of false enlistment which will cut all ties for there health care and all benefits.
think! the military needs people badly they are only going to kick someone out if its really serious.
le VicSter
No. Misconduct while in the military is unacceptable for starters, whether or not you have a personality disorder. Since the personality disorder was diagnosed by the military, you would have been discharged evenutally.
You can try, but you wont get anything from it.
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Citation Details
Title: New law expected to limit class-action lawsuits.(Practice Trends)
Author: Joyce Frieden
Publication: Internal Medicine News (Magazine/Journal)
Date: April 1, 2005
Publisher: International Medical News Group
Volume: 38 Issue: 7 Page: 78(1)
Distributed by Thomson Gale
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New law expected to limit class-action lawsuits.(Practice Trends): An article from: Internal Medicine News
Orignal From: can you file a lawsuit on the military ?
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