Can I file for medical malpractice against the military?

[cruz50]

I'm active duty military, and went into the dental clinic for a biopsy on a bump on the inside of my lip. While I was in the chair the doc (also military) decided to just take the whole thing out on the spot. In short, he slipped up and sliced clean through my face with a scalpel. There's some other details but that's the jist of it.

Can I file for malpractice myself, or do I need to have my wife file on my behalf?

[eochaidh94]

"I'm active duty military...."

NO, you cannot sue the military, and nor can your wife. Google "Feres Doctrine" for exhaustive information on why you cannot sue.

Had this happened to your spouse or child you may have been able to file a claim under the Federal Tort Claims Act and if you were not satisfied with the settlement offered, proceed to sue in Federal court. However as a member of the military, the US government staunchly applies the concept of Sovereign Immunity and will reject any and all claims.

There have been limited exceptions to the Feres Doctrine where former military personnel have successfully won reinstatement on active duty when they successfully asserted the equivalent of wrongful termination. However with virtually all torts, military personnel have no redress through the courts.

[madison86]

You'll have to consult a lawyer, but I believe the military is generally immune from civil suits. This is not absolutely true. Recent court rulings have poked large holes in this immunity.

http://www.armytimes.com/community/ask_lawyer/offduty-ask-the-lawyer-families-may-have-grave-claims-090610w/

[fiacre68]

Get an attorney.

[tredway]

file malpractice

1) you didnt give him the consent to cut it out

2) when he messes up that bad, usually because its the military, i thank you greatly but you signed your life away, you cant do much but its better to try talk to an attorney and figure out if it would work out