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Arlington airman can't sue for botched surgery
STAR-TELEGRAM ^ | DARREN BARBEE

Posted on 07/27/2009 12:34:07 PM PDT by Dubya

An Arlington airman whose legs were amputated after a gallbladder surgery went terribly wrong lacks the same basic legal right to sue his surgeon that state and federal prisoners enjoy, a New York congressman says.

(Excerpt) Read more at star-telegram.com ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: animalfarm; botched; military; obamacare; socializedmedicine; surgery; veterans
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Jonathan Turley, a law professor at George Washington University, has testified before Congress against the Feres Doctrine on several occasions. He said that if people know they cannot sue, it’s "ideal for concealing your rate of negligence. Many people don’t file complaints. Those people who file complaints are quickly dismissed, so there’s no record of the complaints."

Turley calls the Feres Doctrine "perhaps the most insidious and infamous legal doctrine still on the books."

"It has done untold harm to literally tens of thousands of military families in its history," he said in an interview.

Turley said part of the 1950 Supreme Court case involved a military doctor who left a 30-inch towel in the stomach of the patient. "The towel actually read property of the U.S. Army on it," he said.

In another case, a sailor who went into surgery to have a cyst removed came out a quadriplegic, Turley said. On his blog, Turley lists several other "examples from the military malpractice-free-zone":

Lt. Cmdr. Walter Hardin spent 11 months with red lesions from his legs to his torso that a doctor classified as eczema. The condition was correctly diagnosed as cancer shortly before he died.

Sailor Dawn Lambert had to have a fallopian tube removed, but military surgeons left five sponges in her abdomen. Complications forced a second surgery that would remove her other fallopian tube and left her infertile. She was given $66 monthly in disability pay.

Air Force Staff Sgt. Dean Patrick Witt had appendicitis but was repeatedly misdiagnosed and sent home with some antibiotics. When he finally collapsed at home, he was rushed into surgery. He came out brain-dead.

1 posted on 07/27/2009 12:34:10 PM PDT by Dubya
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To: Dubya

Is this because it’s tragic a doctor screwed up or because Trial Lawyers are being deprived of their fees?


2 posted on 07/27/2009 12:37:44 PM PDT by Steamburg ( Your wallet speaks the only language most politicians understand.)
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To: Dubya

That’s disgusting. Government health care at its less ugly side.


3 posted on 07/27/2009 12:37:53 PM PDT by Rodebrecht (If everybody just left everybody else alone, everybody would be a lot happier.)
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To: Rodebrecht

It IS disgusting. As I’ve said before.....if government health care cannot even take care of our heroes....how in the hell is it going to take care of us?


4 posted on 07/27/2009 12:39:53 PM PDT by RushIsMyTeddyBear (Obama. Clear and Pres__ent Danger.)
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To: Rodebrecht

Anything “free” comes with no guarantee.


5 posted on 07/27/2009 12:40:13 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: Dubya

LEGS amputated after gall-baldder surgery?

...and here I’ve been going around my whole life thinking my gall-bladder was somewhere in my gut.


6 posted on 07/27/2009 12:40:20 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: WayneS

Sounds like some kind of sepsis. Is there a doctor in the house?


7 posted on 07/27/2009 12:41:32 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: Dubya
The active duty member may not sue.

The wife, OTOH, may sue the living crud out of the USAF.

I suspect she is fending off competing lawyers as I write this.

I suspect the surgeon was working up for some kind of board certification - a common problem.

A good side effect would for the ‘doctor’ to be

drummed out out of the AF
lose his medical license

Had a run-in with a bad doc back in the day as an AD Air Force puke. The ‘Doc’ wound up as a real estate salesman in Moses Lake, WA. No pay or pension.

8 posted on 07/27/2009 12:41:43 PM PDT by ASOC (Cave quid dicis, quando, et cui)
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To: Dubya

Having served in the military, I know a couple of other horror stories that happened to people we knew. These things happen all the time.

Welcome to Obamacare.


9 posted on 07/27/2009 12:41:57 PM PDT by Evie Munchkin (Sarah in 2012!)
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To: All
Vets affected by VA hospital errors to file claims

Among them are veterans who have tested positive for HIV and hepatitis and others who suffered emotional distress after the VA provided them with initial positive blood tests for infections that turned out to be wrong.

FULL STORY CLICK HERE

10 posted on 07/27/2009 12:42:31 PM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: WayneS

The doctor “nicked” his aorta which lost blood flow to his legs.


11 posted on 07/27/2009 12:42:31 PM PDT by Deb (Beat him, strip him and bring him to my tent!)
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To: HiTech RedNeck
Anything “free” comes with no guarantee.

Yes, but these are young men and women who have volunteered their lives. And considering what they are being paid for it, they are giving it free of cost to the country.

12 posted on 07/27/2009 12:43:09 PM PDT by libh8er
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To: HiTech RedNeck

It isn’t easy to sue the government.


13 posted on 07/27/2009 12:43:37 PM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: Dubya

They nearly killed my wife in similiar cases. Sheer incompetence and disregard for pain and suffering. One wanted to put her on a flight to hawaii KNOWING she would die before arriving.

I filed an IG complaintn managed to get a letter of reprimand for one of them. Then her records ‘disappeared’ending any further discussion.

My wife didn’t tell me all of this until we were out of country. Otherwise the quack woulda ended up hamstrung


14 posted on 07/27/2009 12:44:23 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Steamburg
Is this because it’s tragic a doctor screwed up or because Trial Lawyers are being deprived of their fees?

I guess it depends on if it was your life that was runned or not.

15 posted on 07/27/2009 12:44:50 PM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: ASOC
A good side effect would for the ‘doctor’ to be drummed out out of the AF lose his medical license

Unless things have changed since I was in the Army Medical Corp 30 some years ago, a doctor did not have to have a medical license to practice in the military or VA.

16 posted on 07/27/2009 12:46:52 PM PDT by SC DOC
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To: HiTech RedNeck; Deb

I was joking...


17 posted on 07/27/2009 12:47:25 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Steamburg

How about that the serviceman will for the rest of his life be slammed from pillar to post trying to get even adequate care in the sham we call the VA. This is being treated as fundamentally no different than a war injury, except he won’t even have a purple heart to show for it.


18 posted on 07/27/2009 12:48:06 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: Evie Munchkin

If Obamacare does pass, and the same rule is put in force for civilians, then it looks like the trial lawyers will be out of luck. Do they realize this?


19 posted on 07/27/2009 12:48:32 PM PDT by murron (Proud Marine Mom)
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To: SC DOC

That changed in 1987. All AD and civil service military docs except those in a training program must have an active, valid license in one of the US states. I was on AD when it took place and there were a fair number of people who had to retake the USMLE in order to get a license.


20 posted on 07/27/2009 12:51:26 PM PDT by CholeraJoe (This is the worst economic crisis since Brittney Spears shaved both ends!)
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