Under the Federal Tort Claims Act and a U.S. Supreme Court ruling over fifty years ago, active-duty military personnel are barred from suing the U.S. government for injuries “incident to service” even if gross negligence was the cause. That prohibition applies to virtually any kind of injury related to military service even if the injury occurred off the job or wasn’t caused by military personnel. This doctrine is known as the Feres Doctrine and has been harshly criticized by judges who have called it unconstitutional; judges are forced to dismiss lawsuits due to the Feres Doctrine. The dependents of military personnel, or retired military, however, can sue the United States government for medical malpractice committed on the dependents; so family members of active duty military personnel do have some protection under the law, as do retired military personnel.
Prohibiting military personnel from pursuing claims and giving doctors immunity from malpractice lawsuits has created an environment that is more conducive to sloppy medical practices, according to the current system’s critics, including George Washington University law professor Jonathan Turley.
Two Congressional Acts allow United States military dependents to seek damages for injuries sustained due to medical malpractice. Under the Federal Tort Claims Act (FTCA), military dependents are eligible to sue the federal government for medical malpractice that occurred at a military facility in the United States. The Military Claims Act (MCA) allows them to sue the government for malpractice that occurred in an American military facility outside the United States.
Recently, veterans’ groups and others are raising concerns about the conditions in Veteran Administration hospitals and whether veterans are receiving substandard care. Official VA inspections at a Seattle Washington VA hospital and other U.S. facilities have revealed unhealthy and dangerous conditions such as inadequate cleaning, vermin infestations and re-used medical devices/objects.
The FTCA is broad and allows lawsuits against the government for medical malpractice claims, but the requirements for filing a suit are complicated. If you are a veteran and you or your family members were injured due to the negligence of a doctor or other medical personnel at a VA hospital, before you can sue, you must make an administrative claim against the VA for the full amount of damages you have suffered. You will never be able to ask for more damages than the amount you put on the initial form unless you can prove the additional damages are based on evidence you couldn’t have known at the time you filed your claim. You usually need an experienced medical malpractice lawyer to help you through this time-consuming and difficult process.
The U.S. Department of Veterans Affairs has been rocked by accounts of deplorable medical conditions at facilities such as Walter Reed Army Medical Center and the VA Hospital in Seattle, Washington. Recent disclosures that veterans are not getting adequate care at these facilities has outraged Capitol Hill and shocked the public. In response to this outrage, three high-level Pentagon officials have stepped down.
VA hospital inspections have found, also, that staff members are not adequately supervised and are falsifying reports regarding maintenance of medical equipment. Inspectors at one VA hospital had difficulty locating supervising physicians who were supposed to be present to oversee residents. In Kentucky, supervising physicians were found to have given out their computer passwords to resident physicians so the residents could cosign their own reports with no supervision.
Derelictions such as these are happening in our country’s VA hospitals every day. Until the laws are changed and made easier for the lay person to understand, this abuse on our nation’s veterans will continue, often going unnoticed.
If you or a loved one who has been the victim of medical malpractice at a VA hospital or at a military facility in Washington or Oregon you do have rights and you should contact the experienced Military Medical Malpractice Attorneys at Fuller & Fuller.
Filed under Health Insurance by on Aug 3rd, 2009. Comment. 
It is an unfortunate reality that auto accidents occur at a staggering rate in the State of Washington and throughout the United States. Along with the potential shock, injuries, and property damage associated with a car accident comes the inevitable battle with the insurance company. In order to ensure that you don’t throw away your rights when it comes to being injured in a traffic collision, here are seven tips on how you can protect yourself against and beat the insurance company.
1. Identify all witnesses so there will be someone to support your case if it goes to court.
2. Get all contact information from witnesses at the scene. When you interview them, ask them what they saw and make a note of phrases they used like “slammed into,” “plowed,” “speeding,” or “he ran the red light.” Some people believe that there are insurance companies who send adjusters to the scene of an accident in order to catch people off guard, asking incriminating questions or to have them sign away any rights they may have to future compensation. So, beware of insurance representatives at the auto accident scene. To avoid being questioned about your injury by an adjuster, schedule a doctor’s appointment as soon as possible after the accident.
3. Many attorneys are frequently asked by adjusters, “If your client was truly hurt, why did he wait so long to see a doctor?” If you are hurt in an auto accident in Washington, seek medical attention as soon as possible. Immediately after the accident, take pictures of your car.
4. A picture taken of your car at the accident scene is proof that is difficult to dispute. Pictures of the damage will help tell your story. If you can, take pictures of the other cars involved in the accident. Some people carry a small, inexpensive camera in their glove compartment for these types of situations. Also, many cell phones are equipped with a camera feature and can be used for this purpose. Also, take pictures of your injuries before they heal. Bruises and other injuries heal after several weeks, and months after an accident. When the insurance adjuster is arguing that the crash was not very significant, pictures of your bruises and other injuries will help solidify your claim of injury. Keep notes about your injuries.
5. As weeks or months pass after an accident, you might forget how it hurt just to get dressed, and the adjuster will try to make it seem like any description you give is an exaggeration. Keep track of any pain medications you may be prescribed for your injuries. Obtain letters from your employer and family describing how the injury has changed your life. These kinds of written documents are invaluable when presenting your claim to the insurance adjuster or to a judge and jury in court. Keep receipts, because the adjuster will ask for proof of anything you claim as an expense.
6. You should definitely keep receipts for prescriptions, household services made necessary by the injuries you suffered in the accident, car rentals, etc. Keep each of those receipts so you can document every expense. The insurance adjuster may try to tell you that your claim is worth much less than it really is.
7. It is highly common for an injured victim to not know the real value of their claim. And an adjuster will try to get you to believe that your claim is worth much less than it actually is. It is the adjuster’s job to save the insurance company money by settling your claim for as little as possible. The adjuster will try to make your claim seem unimportant, so you may want to seek assistance elsewhere to determine your claim’s true value. The bottom line: The insurance company is not on your side.
The goal of the insurance company is to make as much money as possible. They do this by giving you as little as possible for your injuries.
Whether you choose Bernard Law Group to represent you or not, you need an experienced, tough Seattle car accident law firm on your side. Don’t try to handle it alone. Please contact the Washington auto accident attorneys at Bernard Law Group to help you. We will prepare your case so that you obtain the maximum results possible. Allow us to take care of everything for you and fight the insurance companies on your behalf. Please contact us immediately by calling us at 1-800-418-8282. All e-mail and form submissions will be responded to by a qualified and knowledgeable member of our firm within 24 hours. Call our toll-free number 24 hours a day, 7 days a week and we promise to respond immediately.
Filed under auto insurance price quote by on Jul 3rd, 2009. Comment.
