December 06, 2012 (Press-News.org) Military/Veteran medical malpractice claims are an uphill battle
Some of the highest courts in the land -- the United States Supreme Court among them -- will soon be hearing cases involving the niche area of military malpractice claims. Military physicians usually enjoy "sovereign immunity" (essentially making them immune from many types of lawsuits) in their capacity as physicians working for the government.
These cases do not argue the validity of sovereign immunity, but instead question its applicability in even the most egregious military medical malpractice cases. The first case, - the one heading to the U.S. Supreme Court, for example - turns not on the fact that the doctor performed negligently (which, of course, the plaintiff is arguing), but that the doctor committed a battery by refusing to stop an elective cataract surgery after the patient rescinded his consent.
The scope of sovereign immunity
At first glance, the military medical malpractice case coming to the Supreme Court in their next session may seem like a straightforward medical negligence case, but it will actually involve an in-depth analysis of the breadth and scope of the sovereign immunity granted to government health care providers.
The case involves a veteran who was scheduled for surgery to remove a cataract and implant a replacement lens into his eye. The patient Steven Levin, said in a court filing that, prior to the surgery in a Guam military hospital, he rescinded his consent for the operation to proceed. According to Levin, the treating physician ignored his wishes to stop the surgery and proceeded anyway. There were complications from that surgery, and Levin was forced to undergo myriad additional treatments, culminating in a full corneal transplant the following year.
Levin eventually filed a complaint alleging both medical malpractice and battery on the part of the doctor who performed the initial surgery. The VA denied his claims for compensation in spite of the fact that Levin argued that his battery claim should not fall under the purview of sovereign immunity, and the 9th Circuit Court of Appeals agreed.
Since the 10th Circuit Court of Appeals had decided a similar case in favor of the complainant, Levin requested that the Supreme Court hear his case, and the nation's highest court agreed.
Another military malpractice matter making news
The case of veteran Michael Nash is certainly not one for the squeamish, and it involves a very "sensitive" malpractice issue. Michael Nash brought his federal court case after the VA denied his assertions of medical negligence. His claim arises from a medically necessary surgery on his penis, after which it was packed in ice for an extended time. Because of the overaggressive icing, he eventually developed frostbite on the area and has experienced loss of normal urinary function and sensation.
Like Levin, Nash initially sought benefits directly from the VA pursuant to the FTCA. In spite of the horrific nature of the harm suffered by Nash, the VA found that there had been no medical negligence or malpractice. Only after his claim was denied by the VA did Nash file suit in federal court. Given the red tape he went through, it may seem like Nash somehow erred in filing his claim for damages; unfortunately, that is not the case.
The Nash matter is illustrative of the number of hoops that injured veterans filing malpractice claims must jump through. There are several layers of administration and bureaucracy that must be followed exactly before claims will be decided. That is where a talented military law attorney comes in; having someone guide you through the claims process who is intimately familiar with the way the system works will not only make it less stressful for you, but can also increase your chances of a successful resolution.
Article provided by Webb & Beecher
Visit us at http://www.bestmilitarymedicalmalpracticelawyer.com
Military/Veteran Medical Malpractice Claims Are An Uphill Battle
At first glance, the military medical malpractice case coming to the Supreme Court in their next session may seem like a straightforward medical negligence case, but it's not.
2012-12-06
ELSE PRESS RELEASES FROM THIS DATE:
Could Patient Photos Reduce Serious Medical Errors?
2012-12-06
Could patient photos reduce serious medical errors?
A study by researchers at a Colorado hospital found that including photos in patients' electronic medical records helps reduce serious medical mistakes known as "wrong-patient errors." Implementing electronic record systems with photos at hospitals across the country may help improve the national rate of serious medical errors.
Researchers find using a photo drastically reduces number of errors
In 2009, Children's Hospital Colorado found that misplaced orders in electronic files was the second-most common ...
Potential Pitfalls When Keeping The Home After Divorce
2012-12-06
Potential pitfalls when keeping the home after divorce
One of the most common disagreements among divorcing couples, along with issues of child custody and alimony, is who gets to keep the house. While it is perfectly understandable to be reluctant to give up one's home, people going through divorce should be aware of some hidden costs they may not be expecting if they decide to keep the house.
Maintenance and repair costs
One common unexpected pitfall occurs when the spouse who keeps the home has not accurately estimated the monthly expenses involved in maintaining ...
How Will Divorce Affect My Business In Colorado?
2012-12-06
How will divorce affect my business in Colorado?
For many people going through a divorce, one of the most difficult steps in the divorce process is dividing up shared property such as the family home, vehicles, savings accounts and other valuables. When one or both spouses are business owners, the property division process can become even more complicated and potentially volatile. Business owners in Colorado should be aware of how their business assets may be treated in the event of divorce and take steps to protect them in case such a situation should arise.
Division ...
Prenuptial And Postnuptial Agreements On The Rise
2012-12-06
Prenuptial and postnuptial agreements on the rise
To love, honor, and keep all property separate? With divorce rates continuing to hover around 50 percent throughout the country, more and more couples are using contracts to outline what assets belong to which spouse.
Some are using agreements set up prior to the wedding, called a prenuptial agreement, while others are outlining the terms after the wedding, called a postnuptial agreement. These contracts can help ease financial stress between couples by clearly outlining how assets will be split if the marriage fails.
Although ...
Divorce And Insurance: Knowing How It Is Split Can Help Save Headaches
2012-12-06
Divorce and insurance: knowing how it is split can help save headaches
Divorce is difficult for every couple. Couples must come to terms with the fact that a romantic relationship is ending while also dealing with how assets will be split. In addition to balancing these issues, couples should also keep in mind that their insurance will likely be impacted by the divorce.
First and foremost, it is important to know that once a Petitioner for Marital Dissolution (a divorce) is filed in California, the party who filed it (the Petitioner) may not cancel or change the beneficiaries ...
Texas Lawmakers Try Again To Ban Texting While Driving
2012-12-06
Texas lawmakers try again to ban texting while driving
If some Texas lawmakers have their way, texting while driving will soon become illegal in Texas. Former Texas House Speaker Tom Craddick recently filed legislation that would do just that. Texas lawmakers passed a similar ban on texting two years ago. However, Gov. Rick Perry vetoed the bill. Perry said that texting while driving "is reckless and irresponsible" but that he saw the bill as "a government effort to micromanage the behavior of adults." The proposed law is named in honor of Alex Brown ...
Common Mistakes Parents Make With Children After Divorce
2012-12-06
Common Mistakes Parents Make With Children After Divorce
Divorce can be an emotional and difficult procedure, especially when children are involved. Unfortunately, because of this, and because people may not know what to look out for, sometimes mistakes are made along the way. Learning what mistakes parents often make after their divorce and child custody cases can help them recognize and avoid those mistakes and work toward the best possible outcome for their family.
The Insight of Teachers
Teachers are in a unique position to observe the effects of a divorce ...
Legal Obstacles for Indiana's Temporary Employees
2012-12-06
Legal obstacles for Indiana's temporary employees
As the economy continues its slow recovery from the Great Recession, employers in Indiana and around the nation are relying more heavily than usual on temporary workers. While business is gradually improving for many employers, some are not yet willing to commit to taking on new fulltime employees, choosing to rely on contractors and temps instead.
With the 2012 winter holidays fast approaching, Indiana's temporary and seasonal workforce is likely to grow even larger to accommodate the annual retail boom. And, in some ...
Health Insurance and Social Security After a Massachusetts Divorce
2012-12-06
Health Insurance and Social Security After a Massachusetts Divorce
Divorce can bring a myriad of changes to a person's life. People trying to adjust to their new lives as singles may not realize all of the details to which they will have to attend as a result of divorce. For instance, they may not consider the impact that divorcecan have on health insurance eligibility and Social Security benefits.
Health Insurance Options
Massachusetts law requires insurance companies to allow ex-spouses to remain on employer-sponsored health insurance plans after divorce. If ...
Teens Most Vulnerable to Concussion, Study Finds
2012-12-06
Teens Most Vulnerable to Concussion, Study Finds
People of all ages can suffer lasting consequences after concussions, but a recent study found that teenagers are more likely than other age groups to experience cognitive problems after head injuries.
In a study that tested the thinking ability of 96 people an average of six months after sustaining a concussion, researchers at the University of Montreal found that teenagers suffered more cognitive impairment after concussions than both children and adults, who displayed similar deficits. The results were surprising ...
LAST 30 PRESS RELEASES:
Scientists track evolution of pumice rafts after 2021 underwater eruption in Japan
The future of geothermal for reliable clean energy
Study shows end-of-life cancer care lacking for Medicare patients
Scented wax melts may not be as safe for indoor air as initially thought, study finds
Underwater mics and machine learning aid right whale conservation
Solving the case of the missing platinum
Glass fertilizer beads could be a sustained nutrient delivery system
Biobased lignin gels offer sustainable alternative for hair conditioning
Perovskite solar cells: Thermal stresses are the key to long-term stability
University of Houston professors named senior members of the National Academy of Inventors
Unraveling the mystery of the missing blue whale calves
UTA partnership boosts biomanufacturing in North Texas
Kennesaw State researcher earns American Heart Association award for innovative study on heart disease diagnostics
Self-imaging of structured light in new dimensions
Study highlights successes of Virginia’s oyster restoration efforts
Optimism can encourage healthy habits
Precision therapy with microbubbles
LLM-based web application scanner recognizes tasks and workflows
Pattern of compounds in blood may indicate severity of gestational hypertension and preeclampsia
How does innovation policy respond to the challenges of a changing world?
What happens when a diet targets ultra-processed foods?
University of Vaasa, Finland, conducts research on utilizing buildings as energy sources
Stealth virus: Zika virus builds tunnels to covertly infect cells of the placenta
The rising tide of sand mining: a growing threat to marine life
Contemporary patterns of end-of-life care among Medicare beneficiaries with advanced cancer
Digital screen time and nearsightedness
Postoperative weight loss after anti-obesity medications and revision risk after joint replacement
New ACS research finds low uptake of supportive care at the end-of-life for patients with advanced cancer
New frailty measurement tool could help identify vulnerable older adults in epic
Co-prescribed stimulants, opioids linked to higher opioid doses
[Press-News.org] Military/Veteran Medical Malpractice Claims Are An Uphill BattleAt first glance, the military medical malpractice case coming to the Supreme Court in their next session may seem like a straightforward medical negligence case, but it's not.