Posted on Mar 19, 2020
can I sue the government for medical malpractice or negligence?
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The Army got my diagnosis wrong and missed the diagnosis early on..now I suffer from 3 different heart conditions and endured shots into my chest which only made my life and health worse. I'd like to share more on this if anyone is willing to listen or even point me in the right direction.
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CG-LGL10: Legal
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Posted >1 y ago
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The Stayskal act will change the Feres Doctrine that prohibited you from doing so. https://www.congress.gov/bill/116th-congress/house-bill/2422?q=%7B%22search%22%3A%5B%22hr.+201%22%5D%7D&s=1&r=93
The NDAA for FY20 built in a provision for a claims process for military malpractice. I would retain civilian counsel. I'd also ask about trying to use the existing complaint process.
Meanwhile, I'd look up whafor the NDAA says on it. It's brand new, signed into law in December 2019. Not sure anyone has really stress tested yet.
The NDAA for FY20 built in a provision for a claims process for military malpractice. I would retain civilian counsel. I'd also ask about trying to use the existing complaint process.
Meanwhile, I'd look up whafor the NDAA says on it. It's brand new, signed into law in December 2019. Not sure anyone has really stress tested yet.
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LTC Jason Mackay
A1C Doug Towsley - yeah, it is a can of worms, hence since the late 1940s there has been a rule in federal litigation that because there is other means of redress and compensation for service members and military service is inherently dangerous, service members can not sue the federal government for death or injury subject to military service. It's called the Feres Doctrine. The case was Feres vs the US. The family of an officer, LT Feres, was suing the Army for damages because LT Feres died in a barracks fire in what is now Ft Drum. The Supreme. court ruled the Feres family could not sue the government because of the reasons I mentioned. That tarp has been stretched over medical malpractice. There is internal discipline for providers that are negligent or make preventable mistakes, but nothing beyond VA and medical retirement for compensation.
The NDAA FY20 and the Stayskal Act have been the first cracks in the armor.
The NDAA FY20 and the Stayskal Act have been the first cracks in the armor.
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MAJ Byron Oyler
A1C Doug Towsley - We have some very good providers in the military system and do have regulations (DA40-68) that covers many things, to include peer reviews that can go as far as going to state boards with consequences. I would actually trust a young military doctor over a young civilian any day of the week. I am a product of the critical care nursing course and it is a tough course as are many of the fellowships for docs and PAs.
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SPC Angel Kamysz You can file a 38 U.S.C 1151 claim against the government. Look up an 1151 Claim and you will find more information. It is not an easy course of action. Also you need to find a Service Organization that can help you with the process. If you would like some more info you can email here and I will try and give you as much info as I can.
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So here's what happened in short.
I passed out one day in Korea and went off post to an ER. After that - every day for 4 years I had chest pains. I endured steroid shots into my chest. I did a lot to try and fix this and be better. After not being able to do my job in the Army, I got medboarded- for chest pains. 2 years with the VA and pretty much the same except I got told by patient advocate to "shut the hell up" and countless other stupidity. After having holter monitor from the va for the last time ( mind you, it kept beeping at me every day and all day) I decided to finally go and get a second opinion for the first time. Within 10 days of their holter monitor I was diagnosed with 3 different heart problems and I have angina. After being put on blood thinners and a medication for my angina - I finally have not had chest pains for 15 days in a row. that's a record in the last 4.5 years. This is what happened and I went through my records and it clearly shows the results of holter monitor which have the same things that I have now. I have about 75 pages of evidence of this through out the army and the VA.
I passed out one day in Korea and went off post to an ER. After that - every day for 4 years I had chest pains. I endured steroid shots into my chest. I did a lot to try and fix this and be better. After not being able to do my job in the Army, I got medboarded- for chest pains. 2 years with the VA and pretty much the same except I got told by patient advocate to "shut the hell up" and countless other stupidity. After having holter monitor from the va for the last time ( mind you, it kept beeping at me every day and all day) I decided to finally go and get a second opinion for the first time. Within 10 days of their holter monitor I was diagnosed with 3 different heart problems and I have angina. After being put on blood thinners and a medication for my angina - I finally have not had chest pains for 15 days in a row. that's a record in the last 4.5 years. This is what happened and I went through my records and it clearly shows the results of holter monitor which have the same things that I have now. I have about 75 pages of evidence of this through out the army and the VA.
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