In the civilian arena, when a doctor, nurse or other medical professional fails to act within the requisite standard of care and a patient suffers harm, it may be possible to file a medical malpractice action, and receive compensation for your injuries. However, when the same occurs in a military setting, victims of medical malpractice may be left without recourse. The widow of a Navy lieutenant who died following a low-risk delivery is seeking review from the Supreme Court after his wrongful death claim was dismissed. The Feres Doctrine – a ruling from the 1950s – bars active-duty from suing the U.S. government for any reason – including providing negligent medical care.
In this instance, the 34-year-old woman died after bleeding to death following the delivery of her child, now 4 years old. Despite requesting an investigation into the circumstances surrounding the woman’s death, the husband was unable to get any answers, including records of what happened during the delivery. He believes she died due to negligence in addressing post-partum hemorrhaging.
The man has petitioned the Supreme Court to take up this matter and create an exception allowing members of the military to sue for medical malpractice the way civilians can. Whether the Supreme Court will take up this issue is unknown.
As California birth injury attorneys dedicated fighting for patients harmed by negligent medical care, we believe all those injured by medical malpractice should have access to justice. For more information or if you or a loved one has suffered harm due to a medical mistake, please contact the experienced California birth injury firm of Bostwick & Peterson, LLP for an immediate consultation.