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Military’s Medical Malpractice Shield to be tested


If a person is injured by a medical professional then they have the right to file a lawsuit against that doctor. However, members of the military probably won’t have this option and that’s due to a shield law. The law is opposed by many veterans and their families. This protects military medical personnel from being accused of malpractice.

They are hoping that the latest case which will challenge the shield will completely change the law indicates a source. The law suit is filed against a 25 year old non-commissioned officer who died due to medical mistakes. The officer died because the nurse put the tube into the wrong part of the throat.

The report explains that overturning this law could expose the government to millions of dollars of costs. This will make it a very interesting topic. Congress is desperate to reduce spending, which is why it’s unlikely they will get rid of the law. Medical mistakes in the military are often regarded as being very similar to wounds incurred when on active duty.

The officer required treatment in 2003 for a fairly routine operation at Travis Air Force Base. The anesthetist nurse put a breathing tube down his esophagus instead of the airway. This meant that his brainwash starved of oxygen which caused his death. He was left on life support for three months but died when his family finally switched off the life support systems.

The nurse In NYC admitted that she was to blame for this fatal mistake. The nurse responsible has since given up her license to practice medicine. The courts refused to hear the clam because of Feres Doctrine which protects military medical personnel from malpractice claims

The last time a similar case came to court in Westchester the judge publicly criticized the law which protected military medical personnel from being liable for their mistakes. Over the years there have been a large number of different attempts to get rid of this law. However, none have been successful.

It is expected to cost around $135 million per year in claims and court costs. This means that over the next ten years it would cost $2.7 billon. This is money that the military argue could be better spent protecting the country.

If your family is ever affected by medical negligence then you might be able to make a claim for compensation. A New York Medical Malpractice Attorney will be able to help decide whether or not the medical malpractice case is worth fighting.

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