Military Medical Malpractice: How Our Servicemen Are Betrayed

In our highly litigious society, medical malpractice is not an uncommon concern and doctors carry expensive insurance to protect themselves against the worst-case scenarios. But not all malpractice cases are as straightforward as we tend to think, and charges can include cases of wrongful diagnosis leading to dangerous and unnecessary treatments. There are also cases of military medical malpractice, and these are unique, due to their unusual place within our legal system.

What sets military medical malpractice apart from other cases? Recent reports on cases such as that involving 33-year-old Navy Lieutenant Rebekah Moani Daniel shed light on this little recognized crisis.

Accountability Problems

When Lt. Daniel died due to improperly handled hemorrhaging shortly after giving birth at Naval Hospital Bremerton in 2013, her family was left devastated. But while such a case would typically result in a wrongful death lawsuit in a civilian hospital, Lt. Daniel’s status as an active duty member of the military means that her family can’t sue the doctors responsible.

Lt. Daniel’s family is bound by a rule known as the Feres doctrine that groups this tragic case with incidents such as injury or death while in battle. Certainly, it would be inappropriate to sue the military for death during battle, but Lt. Daniel died in a medical setting during an otherwise normal birth. Still, the medical professionals involved can’t be held responsible in the same way.

military medical malpractice
Norwegian medics. Kjetil Ree, CC BY-SA 2.5, via Wikimedia Commons

Times of Inaction

Several other major military malpractice cases hinge on similar moments where doctors failed to act. Lt. Daniel’s bleeding could have been controlled using a simple procedure that was delayed, while another officer, 21-year-old Nathan Hafterson died at a different naval hospital due to a medication reaction that could have been treated with a simple antidote. And in 2007, Marine Sgt. Carmelo Rodriguez died due to untreated melanoma. He was properly diagnosed, but his doctor never followed up on the diagnosis.

Such inaction would be considered criminal if a civilian doctor diagnosed cancer, or even a common cancer-causing virus like HPV, without pursuing appropriate screening and treatment. Civilian courts, however, are unable to take up these cases due to military restrictions.

A Civil Rights Crisis

While we typically think of our military members as among our most honored citizens, the reality of military medical malpractice is that the Feres doctrine actively strips service members of their civil rights. This is what legal ethicist and attorney Richard Custin claims about the cases, and calls it a form of discrimination against our military. How do we justify repeated deaths, unnecessary amputations, and other devastating medical scenarios in our military hospitals?

Military Medical Malpractice

Who is protected by the Feres doctrine then? Only negligent doctors who fail to uphold the Hippocratic Oath and their obligation to first, do no harm. Our military members face long odds on the battlefield, putting their lives at risk for our safety. Hospitals, then, should be a safe haven where they can be treated with the utmost care.

What these military medical malpractice cases reveal, however, is the opposite.

Our military members deserve better.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

Improve Your Chances of Success with the Inner Work

Do you ever wonder what makes successful people achieve what they have? Contrary to common belief, it isn’t thanks to their talent or natural intelligence. Research shows that the most substantial indicators of achievement are six competenc

How to Craft the Perfect Workout Routine

Starting a new fitness journey usually goes one of...

6 Tips for Buying A New Car

Buying your first new vehicle is exciting, but it...

How to Choose the Best Caterer for Your Event

When you look back on the best weddings or...

5 Commonly Forgotten Things For Construction Site Safety

While construction site managers focus heavily on the most...

8 Promotional Products to Bring to Your Next Trade Show

Standing out on a crowded trade show floor is...

Interfaith Writer Offers Dialogue Support After Belleville Synagogue Shooting

Muslim interfaith writer Imran Owais Kazmi offers dialogue support after the Belleville synagogue shooting in Ontario.

Related Articles

Popular Categories