Supreme Court May Review Law that Prevents Military Personnel from Suing for Medical Malpractice
Monday, April 25, 2011
Dean Patrick Witt
For more than 60 years, military personnel have been shielded from medical malpractice lawsuits. But that could end depending on what the U.S. Supreme Court decides to do with the case of former Air Force Sergeant Dean Patrick Witt.
Witt was pulled off life-support in 2003 following a botched anesthesia procedure that left him brain dead. He died January 9, 2004, at the age of 25. The nurse responsible for the mistake surrendered her state license, but Witt’s family was unable to sue the Air Force because of the Feres Doctrine. That precedent originated from a 1950 court case that ruled military medical mistakes were the same as battlefield injuries, making the armed services immune from civil litigation.
The Supreme Court is deciding whether it wants to hear the Witt case. If the court overturns the Feres Doctrine, the federal government could find itself facing billions of dollars in liability claims.
-Noel Brinkerhoff
Military Faces Challenge to Malpractice Shield (by Mitch Stacy, Associated Press)
Alexis Witt v. United States of America U.S. Court of Appeals for Ninth Circuit) (pdf)
Military Personnel Not Allowed to Sue for Medical Malpractice (by Noel Brinkerhoff, AllGov)
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