The U.S. Supreme Court is considering whether they should hear a case involving the military's controversial medical malpractice policy, which disallows active-duty members to file medical malpractice lawsuits against military doctors.
The restriction on filing medical malpractice lawsuits, known as the Feres Doctrine, has been debated for several years. Military families want the doctrine repealed, while those who oppose say that military personnel receive other benefits - specifically medical care through the Veteran's Administration's nationwide hospitals.
But families of loved ones who have suffered injury or even death as a result of medical errors and malpractice say that the care provided at those facilities are not nearly enough compensation.
The family of 29-year-old sergeant says that skin cancer was discovered by doctors but they failed to inform him. He went on to die from the cancer, but because of the doctrine they were unable to file any medical malpractice claim. Their attempts to turn over the doctrine failed in Congress.
The debate about the doctrine has been re-fueled by a California family who has decided challenged the doctrine once again. Their son received surgery to correct his appendicitis. Following the surgery, a nurse placed a breathing tube down his esophagus rather than his trachea.
As a result of the nurse's medical error, their son's brain was severely deprived of oxygen and he now remains in a vegetative state.
The Supreme Court will announce next week whether they will hear the family's case against the military's Feres Doctrine.
For more information about medical malpractice, click here to visit our website. If you believe that you or a loved one have been a victim of medical malpractice, call us toll-free at 1-800-541-9376 for a free legal consultation.
