If you are a military veteran who became disabled because of something that happened while in the hands of the Veterans health care system or a VA training/rehab program, you may be entitled to disability benefits whether or not you bring a tort claim under the Federal Tort Claims Act. Title 38 U.S.C. Section 1151….
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The Federal Tort Claims Act
See also: Military Malpractice. Here are some important questions and answers about bringing a claim against the government under the Federal Tort Claims Act. What is the FEDERAL TORT CLAIMS ACT? The Federal Tort Claims Act – FTCA for short – is a federal law that allows any individual to bring an administrative claim –….
Continue ReadingWhen claims of harms rise, more corporations are diving into bankruptcy
They were a tortured part of the opioid abuse and drug overdose crisis. They have become a painful aspect of the push to hold nursing home owners and operators accountable for the shambolic response to the coronavirus pandemic. And they soon may be an obstacle to military veterans’ attempts to get justice for defective devices….
Continue ReadingWhen facts don’t matter: Public is harmed when politicians bash U.S. health agencies, especially in a pandemic.
“Reputation, reputation, reputation! Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial.” — William Shakespeare, ‘Othello’ Because they are made up of human beings, they are imperfect organizations. But for decades, the federal….
Continue ReadingActive-Duty Servicemember Medical Malpractice Claims
There is some good news for active-duty victims of medical malpractice by military health care providers. For almost 70 years, such active-duty individuals had no recourse no matter how blatant the wrongdoing. Now, thanks to a provision in the new 2020 National Defense Authorization Act (NDAA), active-duty military personnel will have a limited right to….
Continue ReadingActive duty military personnel near a small win on medical malpractice claims
The U.S. government is on the brink of giving active duty military personnel half a legal loaf when it comes to a fundamental constitutional right — their chance to seek justice in the civil courts if they suffer harms while receiving medical services in noncombat situations. If the U.S. Senate approves, as expected, a House-passed….
Continue ReadingLet’s praise medical malpractice lawsuits
Dear reader, A dewy-eyed perspective persists about American health care: miracle-working doctors, community-minded hospitals, and cutting-edge medical devices and drugs. All of it’s true, especially about the selfless motives of many doctors and nurses. But what’s also true is that American health care is: * Error-prone (because of its complexity and other issues) * Profit-driven….
Continue ReadingDefense bill may offer active service personnel a way to win back key rights
Although members of Congress have fled the nation’s capital for their annual August recess, there’s guarded optimism that lawmakers may be open to reversing a seven-decades-old U.S. Supreme Court ruling that bars active duty military personnel from their constitutional right to pursue in the civil justice system claims that they have suffered harms while seeking….
Continue ReadingWill Supreme Court reconsider government’s immunity from medical malpractice suits by active-duty military?
Although Uncle Sam makes a special vow to provide medical care for those who fight for this nation, he also enjoys special legal shields from lawsuits from them if anything goes wrong with medical services they’re provided. But recent news reports show how past and present service personnel not only suffer shabby medical care but….
Continue ReadingEconomists’ Rx for MDs’ legal wellbeing? Practice better medicine
In the battles between lawyers and doctors over malpractice lawsuits filed by patients harmed while seeking medical services, it may be worth heeding economists’ prescription for caregivers: Physicians, heal thy selves. Aaron Carroll, a pediatrician and health policy expert at Indiana University, has written in the “Upshot” column of the New York Times that research….
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