Medical malpractice against military naval hospital?

[dent81]

Hi, I am considering seeking damages in a lawsuit against the naval hospital on a military base in North Carolina.

February 2010 I went into preterm labor with my daughter at 23 weeks gestation. When I arrived at the hospital I was in labor and no efforts were made to stop or prevent my labor. Instead, they went on to induce me, told me my daughter wasn't considered viable until 24 weeks gestation, and I would have to birth and watch as my first daughter died a miserable death. This was a live birth, she lived for over two hours, and I have birth and death certificates.

I believe my labor could have been halted, at least to the point of viability.

Additionally, I have made several requests via phone and fax to obtain my medical records of the delivery and never received them. These documents were invaluable to my subsequent pregnancy, and I also believe neglect to send the records ultimately led to unforeseen complications in that subsequent pregnancy.

I requested an autopsy and never received the results despite several phone calls. I do not believe the autopsy was done, and they fail to send proof of an autopsy.

I now reside in Arizona (and believe my permanent residency was still in Arizona even while my husband was stationed in North Carolina. I lived there with him, but kept my license, voter registration, etc in Arizona). The military installation is in North Carolina. I am unsure if subject matter jurisdiction would fall in North Carolina due to it being on a military base, and am unsure of my own personal jurisdiction in the matter.

My questions are, do you think I have a cause of action, and if so, in which court's jurisdiction? Do I have contact a lawyer in that jurisdiction?

[trucker]

Yes. You should speak to a lawyer that specializes in medical malpractice, and it would be good if they have experience in dealing with military family claims. The case will have to be heard in federal court. Here is some information:

"Federal Tort Claims Act

The Federal Tort Claims Act is a statute that was passed by the U.S. Congress in 1946. Under this law, the United States government can be held liable for injuries caused by the negligent or wrongful acts of a federal employee. This means that members of the military, not on active duty, can sue the government when they have suffered an injury due to medical malpractice. Before the injured victim can file a lawsuit, they must first file an administrative claim against the government. The claim must include the facts of the case outlining the negligent acts and a specified amount of money for damages. The government agency has six months in which to investigate the claim and attempt a settlement. If the victim’s claim is denied, they still have the right to file a lawsuit against the government in a federal court."

[galvin]

contact your current state's Congressman regarding military issues.
You have a right to have your medical records, be sure to ask for all records, narratives, md orders, notes, medication lists, delivery room records, fetal monitering tracings,
In all fairness, if they could not stop your labor, you deserve an explanation. This is unbearable grief for you. I'm so sorry. It' s so cruel that code of silence.

Have you been seen by a civilian MD? You should go and request those records be sent to a civilian MD. Shame on them for treating you this way. You are entitled to your records, they are yours, but the DOD does keep the original copy. Check the N. Carolina State licensing board regarding medical records and cost/time to be sent to you. I think the matter falls under federal/military, which they think they have total immunity from lawsuits. They don't. You have to prove it. They will screw your records, too. Soon, you'll be seeing depression, delusions, psychiatric crap. Expect that. It will have missing information, destroyed, They should avoid all this and just tell you. Damn them.