Posted on 11/22/2003 9:37:51 AM PST by Sub-Driver
Not being an attorney, I don't want to sound like I know more than I really do about the Feres Doctrine and thre Federal Tort Claims Act. BUT, it seems to me that I do recall cases in which the FAMILY was able to sue, even though the injured or dead soldier was barred from doing so,
I know that there are real lawyers out there- what about it?
Stay Safe
Now, as the 25-year-old soldier wastes away in his boyhood home, his parents and his wife are struggling to understand how the military could have misdiagnosed Alford's erratic, forgetful behavior as nothing more than the symptoms of a sloppy, incompetent soldier.
Although it is certainly tragic that this soldier was stricken with this disease, this part of the article has degenerated into sanctimonious bashing of the U.S. military by the press and the family.
"His parents and his wife are struggling to understand how the military could have misdiagnosed Alford's erratic, forgetful behavior?"
Could the reason possibly, just possibly, be that, as the previous sentence in the article stated, that he was suffering fron "an extremely rare" condition?
Creutzfeldt-Jakob Disease affects less than one person in a million per year. The median age of onset of symptoms is the seventh decade of life.
CT and MRI results are usually negative. If there is a high index of suspicion that includes "rapidly progressive dementia" and not merely "sloppiness and forgetfullness", the diagnosis can only be diagnosed with certainty with a brain biopsy in order to look from brain tissue cavities that are only 50 microns in diameter.
There is a saying in medicine regarding diagnosis, "When you are in Texas and you hear hoofbeats behind you, think of horses and not zebras".
In a 25 year-old, Creutzfeldt-Jakob Disease is not simply a zebra. It is a purple zebra with pink stripes.
As a Navy medical officer, every one of my Sick Calls had it's fair share of sailors and Marines with "erratic, forgetful, sloppy and incompetent" behavior. The majority of the time, such behavior had a direct correlation to their blood-alcohol level the previous night(s).
I admit that, not once, did I ever consider ordering a brain biopsy on a 25 year-old to rule out Creutzfeldt-Jakob Disease.
I do admit that, with a certain sailor who came to every Monday morning Sick Call to get patched up after his Saturday night bar brawl, I was certainly tempted to do so.
Is it something that a brain scan would see?......HiTech RedNeck
Nope. Diagnosis requires a brain biopsy.........or an autopsy.
See my Post 43.
Here is more information:
How is vCJD diagnosed?I notice that even with an MRI they don't get anything more than a probable diagnosis. Confirmation generally only comes post-mortem.
Once a suspected case of vCJD is reported New Zealand's CJD Registry, the Registry coordinates testing and works with case physicians and international experts to confirm the diagnosis. The diagnosis of vCJD is very difficult, but brain scans, using magnetic resonance imaging (MRI), and tonsil biopsy are two types of tests used to establish a probable diagnosis. However, the final confirmation of vCJD can only be done by examining brain tissue, generally after the patient has died.
Is there a test for vCJD?
Not yet. The types of tests that are used to screen blood donations for viruses cannot be applied to vCJD because it is a different type of disease. Several international groups of research workers are working to try and develop a blood test, but it is unclear whether this will be possible and, if so, what the time frame is likely to be.
I don't want to make too many excuses for the Army. Their handling of this was definitely ham-handed. But we have to be fair to them, too. I don't think a five-month-long search for a diagnosis could have been greatly improved upon, considering the rarity of the disease, the difficulty of diagnosis, the fact that he was in Iraq, etc. Perhaps all that is moot anyway; it is a fatal disease with no chance of being successfully treated. All the Army can do now is try to make it right for the family and it does appear they're trying.
There is difference between knowing what is wrong with person and saying there is nothing wrong. Is clear this man was sick. What was he sick with? Well, is possible for them not to know that. But first question, whether he is sick or isn't, should be job of doctor to know.
LOL, God bless you, doc! I knew guys like that in the Army. I don't imagine they're still around, poor guys; your liver just can't take that much abuse.
Good information in both posts, thanks!
EXACTLY the point I have been trying to make on this thread(without much success, I'm afraid). Posters keep coming back to the incredible rarity of this disease, especially in a young man, and conclude that the medics are therefore off the hook. But it is not necessary to know the specific diagnosis to avoid jumping to erroneous conclusions and destroying a career and a life.
Let's hope that everyone involved in this tragedy learned something from it- perhaps someone will be saved from this reflexive pigeon-holing in the future because of this case.
I think that your formulation should be added to the Hippocratic Oath!
Only God has such absolute knowledge.
The doctor's job is to try to find out with whatever imperfect medical tools human science has made available to him in the medical era he happens to live in.
You or I could have an early cancer or other disease right now, including early Creutzfeldt-Jakob Disease, and I can assure you that every medical test known to man could miss it until it declares itself more evidently in the future.
I realize that some people joke that "M.D." stands for "Minor Diety" but that is merely a joke.
Doctors have no gift from God that allows them to "know" every everything that could possibly be going wrong within a human body.
Not exact quote, but the idea is the same.
I would expect a competent provider to do a good history of the illness, review of systems, and a fairly detailed physical exam (because some of the diagnostic possibilities are grave, even if unlikely at my age).
What I would NOT accept would be to be branded as a hypochondriac, or a drugseeker, or told (without a work-up) that I had migraines and should take IMITREX and come back in a year.
I suspect that you would not accept this either.
Why should this soldier and his family accept such shabby treatment? I am not so concerned that they missed this diagnosis- am pretty sure that they never really looked beyond the facile label of "malingerer".
By the way, my visits to the medical facilities in the Army were few and far between- ewer than ten visits for illness or injury in twenty years- and I was injured a lot more often than that. So I am NOT defending real malingerers, because they have always existed in armies).
...his parents and his wife are struggling to understand how the military could have misdiagnosed...
Uh, maybe because he had an extremely rare disorder that would likely baffle many neurologists.
BUT, if the physician had brushed the symptoms off, and done no reasonable work-up, I'd award the family millions.
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