Birth Injury Lawsuit Address Military Medical Malpractice

Birth Injury Lawsuit Address Military Medical Malpractice

According to recent new, the United States Justice Department has offered to settle the pending medical malpractice lawsuit filed by the family of a military child who suffered a birth injury at a military hospital. The family is challenging the "Feres Doctrine," which provides that active duty service members cannot sue the government for medical malpractice. This law, which prohibits lawsuits against the United States for actions that are "incident to service" has been used to ban nearly all civil lawsuits and is at odds with circuit court rulings.

Traditionally, if a baby is injured as the result of medical malpractice, it may be possible to file a lawsuit against the physician, hospital and staff who's actions led to your harm. Here, the child suffered brain and nerve damage after her mother, an Air Force officer was given the wrong medication during labor.

The mother then suffered an allergic reaction, depriving the child of oxygen in the womb.

The lower court ruled that because the child's injuries were a direct result of the harm to the mother, that the Feres Doctrine applied.

If this case settles, questions concerning the applicability and fairness of the doctrine will remain unresolved.

For more information, or if you or a loved one has suffered harm as the result of medical negligence, please contact the dedicated San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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