Is it possible to sue the US Military for med malpractice or medical neglect?

by **gwen** » Sun Apr 10, 2011 4:10 pm

I fell durung PT and hurt my right knee (it gave out and I fell to the ground) They took for some xrays, and found out that I had Osteochondritis dissecans. the doc gave me options for surgery, and noted it in my file. They did not give me any surgery to fix the knee. They discharged me saying that the injury was not sevice related or aggravated by service, thus I could not get the medical treatment that could have helped me. I was Let go in 1985 and tried to seek medical help at the VA and was refused. Before I apply for VA benifits should I talk with a lawyer first???

by **wal49** » Sun Apr 10, 2011 4:23 pm

No. You can't sue. They are protected by the doctrine of sovereign immunity. FYI, Osteochondritis Dissecans of the tibial tuberosity (Osgood-Schlatters) is disqualifying for entry into the armed forces and should have been detected at your MEPS physical, even if you "fudged a bit" on your report of medical history. If you completed less than three years of service, the presumption of service aggravation is not there.
The VA is not under any legal obligation to award you disability payments for a disqualifying condition which existed prior to entry.
Make sure you mention all of this to your attorney.

by **reid** » Sun Apr 10, 2011 4:29 pm

First, you need to talk to a service officer from the American Legion, VFW or disabled American Veterans. They can help you apply for a service related injury to the VA. Hope you got a certified copy of your military medical record, because if you do not, you must get a copy from the big cave in St. Louis. Good luck with that. Even though the military denied your claim, the VA might just approve it if you do the paperwork right.. If the VA does, then you can get surgery via the VA system.

Second, you can not sue. The Ferres Doctrine applies. Even if you could sue, Federal law only allows you to pay the Lawyer $10 and most will not take a case for that amount of money. Talk to a lawyer and you waste your time...

by **hewlett** » Sun Apr 10, 2011 4:34 pm

Military members can not sue military doctors for malpractice. If the injury was due to a preexsisting (but unknown)condition, than it may not be eligable for coverage through either the military or the VA. I would suggest talking with a lawyer to find out what you may need to do since you are re-applying after being denined benefits before, just to be on the safe side.

by **marq** » Sun Apr 10, 2011 4:40 pm

Military members can not sue military doctors for malpractice. If the injury was due to a preexsisting (but unknown)condition, than it may not be eligable for coverage through either the military or the VA. I would suggest talking with a lawyer to find out what you may need to do since you are re-applying after being denined benefits before, just to be on the safe side.

active duty and former AD may not sue the government at all.

by **khalid** » Sun Apr 10, 2011 4:47 pm

Nope...............

You can talk to a lawyer, but I doubt it will help.

by **hackett** » Sun Apr 10, 2011 4:49 pm

You do not have any grounds for a suit. You had a pre-existing condition that manifested itself during the course of your service, rendering you unfit for military service. The military is not obligated to provide treatment for a condition that is not life threatening and, if treated, would still disqualify you from military service.

In addition, you are not a veteran, so you are not entitled to any VA benefits.

by **leland** » Sun Apr 10, 2011 4:56 pm

No you can't sue the military for malpractice. The VA is your avenue for compensation. If it's in your file, shouldn't be a problem. Anything that happens while on AD is service related, having it in the file is the key.

by **claudius** » Sun Apr 10, 2011 5:00 pm

It was so long ago it's not gonna happen. Maybe back when it happened, but I doubt it now.

by **said99** » Sun Apr 10, 2011 5:04 pm

Good luck.

You injured your knee at your own accord during PT. Technically - you're not on duty.

So no, you cannot sue for medical malpractice/neglect. Even if you tried, you're former active duty.......you can't.

And when it comes to surgery and the military....the doctor gives you the options, but it is up to YOU to schedule it.

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