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I hurt myself in April of 2020. I was getting better and wanted to use an offpost Chiropractor. I was told I had to use the military Chiropractor at the hospital. So I got a referral to the Chiropractor from my PA. My wife and I go and he popped my back. This was December of 2020. I started feeling a slight pain down my right leg. I go to my next appointment a couple of weeks later and I complain about the pain. He pops me again and orders an MRI. Come to find out I have a herniated and bulging disks. And I was in even more pain. So I go back 1 more time to see results and I shouldn't have but he popped me again. A few hours later I pass out from pain at work and end up in the ER. and now I maybe facing a medical retirement because I'm not getting better and in an extreme amount of pain. I am not the first person that I have been told that the chiropractor hurt or made conditions worse.
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Legal Services
Legal Services
Posted 4 y ago
Responses: 4
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In general, the Government enjoys Sovereign Immunity, which precludes tort suits for things like malpractice. That said, the needle has moved ever so slightly over the past few years. Actually being successful is another thing. You won't get very far with damages because you're being compensated with a military retirement. Rather than just toss you, surgery to install a TOPS prosthetic with fairly quick rehab/recovery as compared to fusion should be looked at. It's vastly better than fusion as you retain range of motion. Since VA has sponsored that procedure for a Vet friend of mine, I'd presume it would be available, if warranted. The decision to keep or separate is a business one. If the process is continually aligned to push you out, then you see that decision was either made or people that matter got lazy and didn't care to lean to. The MIL side loves to flick their boogers over to VA. That is a hard cultural norm to overcome.
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My understanding is that as CAPT Kevin B. referenced, the military is generally exempt from being sued under what is known as the Feres Doctrine. As he also said, the needle has recently been starting to move ever so slightly. But even with that movement, as far as I know, it has come in the form of family members suing, not service member (or veterans) suing on their own behalf. Things like widows/widowers suing for wrongful death of their spouse, etc. Even those seem to have a VERY low chance of success.
I am not saying this to discourage you, just to let you know what the landscape looks like. If you still want to go ahead, more power to you. However, as SGT Robert Johnson pointed out, this is very likely to be a costly endeavor. Only you can decide whether the large financial investment is worth the risk of losing, if you DO go forward, please go forward with eyes open.
Final word on this is that if you DO find a lawyer willing to take your case, if they give you any sort of assurance like this is a slam-dunk or an easy win or anything like that, RUN. Because of the Feres Doctrine, this will be a hard case to win, and involve a LOT of paperwork, fighting and time. Any lawyer who tries to sell you a different bill of goods is not honest enough for you to be working with.
I am not saying this to discourage you, just to let you know what the landscape looks like. If you still want to go ahead, more power to you. However, as SGT Robert Johnson pointed out, this is very likely to be a costly endeavor. Only you can decide whether the large financial investment is worth the risk of losing, if you DO go forward, please go forward with eyes open.
Final word on this is that if you DO find a lawyer willing to take your case, if they give you any sort of assurance like this is a slam-dunk or an easy win or anything like that, RUN. Because of the Feres Doctrine, this will be a hard case to win, and involve a LOT of paperwork, fighting and time. Any lawyer who tries to sell you a different bill of goods is not honest enough for you to be working with.
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SGT (Join to see)
It was an Army clinic and I not sure if he was a contractor or not. But I got into contact with the Claims Office on post. The guy said I need to fill out a SF95 form and they can look into the evidence of what ever was done to me. Thing is the form is asking for a dollar amount. Which I would not know due to I haven't lost any wages and I have the medical coverage.
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LTC (Join to see)
On post chiropractor, you're going to have a hard time getting anything.
Best of luck
Best of luck
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SFC Casey O'Mally
SGT (Join to see) - Claims Office would likely be the right avenue. Which is ENTIRELY different then tort. Even then, you have an uphill climb, assuming you are Med Boarded and properly picked up by the VA (i.e. given an appropriate disability rating and documented back issues as being service-connected, entitling you to free VA care for the back and connected problems). Essentially, providing VA coverage for you "makes you whole" in the eyes of most courts. (In this, "whole" is not in relation to your body being OK, but in being properly compensated.) If you have been made whole, there is no cause for a claim.
Not trying to discourage you - the worst they can do is say no, and then you are no worse off than you were when you started. Just trying to give you a bit of a frame of reference.
I will also caveat that I have taken a whopping TWO Law courses, neither of which dealt with tort law. I am by no means an expert; I am not now a lawyer, nor am I likely to ever be one in the future. Do not consider what I put here as "proper legal advice." I am just speaking from my general experience and knowledge and trying to give you a frame of reference for when you DO talk to a real honest-to-goodness lawyer.
Not trying to discourage you - the worst they can do is say no, and then you are no worse off than you were when you started. Just trying to give you a bit of a frame of reference.
I will also caveat that I have taken a whopping TWO Law courses, neither of which dealt with tort law. I am by no means an expert; I am not now a lawyer, nor am I likely to ever be one in the future. Do not consider what I put here as "proper legal advice." I am just speaking from my general experience and knowledge and trying to give you a frame of reference for when you DO talk to a real honest-to-goodness lawyer.
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SGT (Join to see)
Thanks for the advice. I just want to be fixed and if I can stay in. And I thought about doing and ICE complaint but I don't think anything would come from the complaint.
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Damn hard to impossible to sue the Gov't. Ask a lawyer, but few have ever made a go.
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