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Is Law, Itself, Allowing Medical Malpractice?


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A ruling passed by America's Supreme Court said that the military personnel can not claim or sue for any injuries even if it was due to negligence. A ruling undertaken fifty years ago under the Federal Tort Claims Act (FTCA) prohibited military personnel for any military service injury happened on or off the job. This doctrine has been called unconstitutional by the present day judges as it makes judges to dismiss law suites forcibly. According to this Feres Doctrine, it was possible to claim for military medical malpractice by the dependence of military personnel. Thus a little security was still there for the families.

Not being able to claim or sue the government for any military medical malpractice has only given undue freedom to professionals to carelessly handle the law suites. This has been the view point of many critics including Jonathan Turley, Law professor, George Washington University.

Further according to Two Congressional Acts, the dependents of personnel can claim for injuries due to military medical malpractice. Where on one hand, FTCA let dependents sue the federal government for medical malpractice at a military area in U. S. on the other hand the military dependents are eligible to sue the government even if the malpractice has occurred in a military facility outside U. S as per the Military Claims Act (MCA).

Voices have been raised by groups of veterans concerning the standard of care given in Veteran Administration hospitals. Very recently they voiced out their concern regarding the low quality service in the hospitals. The bad situation is being confirmed by regular inspections at a Seattle Washington VA hospital. The facilities are found to be unhealthy along with inappropriate medical devices, insufficient cleaning and reuse of medical objects.

The lawsuits do exist under the FTCA ruling against military medical malpractice but the process is too complicated. In case of an injury if you want to claim for the damages by a medical practitioner then you are supposed to make an administrative claim against the VA hospital. The sue can be charged only then on the amount of damages you have suffered. While filling up the claim you might not know what would be the exact damage amount and later you can not claim for any further amount in case it exceeds. If you want to you will have to look for strong evidence. A military defense lawyer is to be consulted if you want to reimburse the damage.

Looking at recent protest of veterans against the substandard facilities at VA hospitals has really created an outrage in the people. As a result of the continuous deplorable medical facilities three Pentagon officials have been fired as of now. Reports have also shown that the staff members are also not being truthful to their work and the lack of supervision and sincerity among the practitioners is a common site.

There is a serious need of modifications or complete changing of the laws in case a better facility is to be provided to the citizens.

For more information visit on link: Military defense lawyer and military medical malpractice .


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