We often get asked the question whether an active-duty military service member can sue the United States. The short answer to this question is that it depends on the claim your bringing. The general rule is that under Feres v United States, a service member may not recover under the Federal Tort Claims Act (FTCA) for claims which arise out of or in the course of activity incident to their service. Courts often refer to this as the Feres Doctrine. Whether your claim falls within the scope of Feres is a complicated legal question that usually requires the assistance of a lawyer. There is no clear cut answer on when a serviceman’s death, injury, or loss is “incident to service.” The words incident to service appear no where in the Federal Tort Claims Act, but have been interpreted into the FTCA by the United States Supreme Court.

Unfortunately, just because one of these things occurs does not mean you have a claim. Medicine is not an exact science, and the law does not obligate doctors to be error-free 100 percent of the time. If doctor error occurs but there is no breach of a standard of care, you may not have a strong claim. If however, doctor error occurs and there is a breach of a standard of care, then malpractice may have occurred.
It might have something to do with the government plans for GP,s to work -8am -8pm -SEVEN days a week –AND – consult with patients on Skype and email. But that just one of the issues GP DR Sarah says in her blog – which to me sounds fair comment– patient.info/blogs/sarah-says/2014/04/gp-extended-hours-great-in-theory-but/ To me this is just a devious government action to justify full privatisation of the NHS . A step at a time–public anger– bad GP,s -government- we can help — then the next “problem ” initiated by the government till – the SUN newspaper – GP,s “damaging” patients health and – look how “good ” the American system is (full privatisation ) we should get it here , and all the Lemmings jump off the cliff in agreement. I should add the rich Lemmings survive, pity about the poor.
Unfortunately, just because one of these things occurs does not mean you have a claim. Medicine is not an exact science, and the law does not obligate doctors to be error-free 100 percent of the time. If doctor error occurs but there is no breach of a standard of care, you may not have a strong claim. If however, doctor error occurs and there is a breach of a standard of care, then malpractice may have occurred.
DJ I understand where you are coming from, and I also understand those that dont agree with you. I have 3 bulging disc/ degenerative disc disease. Until the age of 30 I never touched an opiate or abused anything for that matter. My injury stemmed for a high school sports injury, but I dealt with the pain by eating right, exercising and took a Tylenol when needed. At the age of 30 the pain started getting much worse I because my job and the businesses I owned demanded me to work long hours and were physically demanding. So when I just couldnt take it any longer I went to the doctor who prescribed me percocets for about 3 or 4 months and then referred me to pain mgmt. I really liked the doctor, he was kind, compassionate, empathetic, smart and unrelated he was interested in me as a person, he actually visited a few of my businesses, we didn’t hang out or anything but I thought of him as a friend in a way but understood we weren’t. So now that you understand this I want to make it very clear I never tried to take advantage of that, not once did I ever ask for a certain medication. I just felt blessed that I had a doctor that actually cared for my well being and that I was not just a jane doe diagnosed and treated by the statistics. He started me off with oxy and injections. The injections were not working so long story short we tried a wide variety of meds, most either didn’t work for me or I had an adverse reaction to. Finally after a few years I was put on opana and oxy and it worked. The problem was his practice got busy and so did he. The result was he was still nice but he did all the talking and it was mostly like”its been a couple months on this dose your tolerance has increased so let’s up your dosage”, until I was at 30mg opana 2x day and 30mg oxy 3x day. Things were fine for awhile but the drugs start to change my temperament. My work started to suffer, my relationships also were becoming strained, because my whole life revolved around my medications, yes I was pain free but at what cost? So here lies the the million dollar question. Who’s fault is it? Mine for wanting to be pain free and trusting that my doctor giving more and more was in my best interest, yes in a way it is my fault for being nieve to the fact I was going to beable to pop these powerful drugs for the rest of my life. So the government decides to crack down and me on this insane amount of opiates and doc takes meds away, what a sick cruel joke on me. So now knowing what I know, my doctor put me on opana because of kickbacks and kept increasing dosage because of $ and I know this because a majority of his patients are in the same boat, they topped out and all is fine till the government cracked down and doc got scared, reduced or dropped patient and we all are so surprised why the US is now flooded with heroin addicts. So my opinion is the doctors that were prescribing ridiculously large amounts to fatten there pockets, even if they weren’t doing for the kickbacks, and used tolerance or whatever, we trusted that they would have been smart enough to see what was happening in this country and when the government once again passed legislation without thinking about the result of there actions, these doctors would have a game plan, but no they all held up there hands and want to blame it on anybody but themselves. Shame on you doctor’s that liked playing the game while you were winning but quit and ran home crying when the rules of the game changed, that is why I hold you doctors responsible, and I do feel bad for the good ones that get fucked in the process, but didn’t us patients with real pain get fucked by doctor shoppers? Stand up for yourselves, get oganized and counter sued the government for passing legislation(unrealistic restrictions without making sure these poor people have a realistic way to get off theses doses safely, at no cost. Isn’t funny how these pill pushing doctor’s do a 180 because the big money can’t be made by having their patients hooked on powerful opiates so they jump ship accusing them off being addicts dropping them and putting them on suboxane which is not a pain medication and wonder why they have no choice but to become heroin addicts. I blame the doctors for turning us into pill addicts but I blame the government for turning us into heroin addicts. In the end tne patient loses because whoever is at fault the patient will suffer
With the exception of a small minority of cases, the Florida medical malpractice statute of limitations is a hard and fast rule. Consequently, if you fail to file a claim or lawsuit for medical malpractice within the allotted time frame, you will be precluded from ever seeking monetary damages in your case. If you suspect that you sustained an injury or illness as a result of doctor negligence, you should contact the medical malpractice lawyers at Dolman Law Group as soon as possible.
However, a study comparing states with tort reform to states without found little evidence that these measures actually stopped doctors from behaving defensively (Waxman et al. 2014). It remains to be seen whether tort reform measures can actually improve medical care, or if they just limit the amount of compensation that a plaintiff can receive to a figure lower than what is necessary to ensure proper care for the injuries they have suffered.
Generally speaking, from a legal standpoint, you may need to evaluate whether the risk of being left without legal redress in the event of a medical mistake is worth the potential cost savings of having your procedure performed overseas. With such limited remedies available to patients, and the often lower standards of care in nations offering substantially cheaper medical treatment rates, the risks of medical tourism may far exceed the benefits.
You withheld information from the doctor or gave misleading information to the doctor which might have aided or hindered the doctor’s ability to diagnose the problem. For example, if you tell the doctor that you don’t smoke even though you do, than the doctor may not be able to properly diagnose that you have developed lung cancer or other respiratory illnesses.

My son was diagnosed in his teens with ADHD Paranoid schizophrenia which he was prescribed rispiridone which stabilized his condition slightly but as an adult he couldn't tollorate the side affects any longer and his team (lol) changed it over 2 years ago, since then it's been a living hell. He has been in a psychotic state since and no one is helping him, he totally believes what he thinks is happening to him is real and he has no mental illness, teams (lol) have seen him periodically and he convinced them it is all real and walked away! Fuelling his beliefs although it has been proved by the police numerous times the GP blood tests and a&e visits that nothing is being put in his water supply food etc but yet he still TRUELY believes he's being targeted and drugged. I've tried and tried to tell his GP, rang the local mental health units and told them, rang his adolescent psychiatrist who was brilliant when he was a teen but did nothing as an adult as they are moving and he wouldn't work with them after the visit to his home to section him in which they left believing him, but to my son it is real he's delusional, psychotic, violent, demanding, they are ment to be professionals! I no longer live near my son due to health issues, spinal injuries, ms/me hemoplegic migraine amongst others, so my youngest son who lives 2 mins away from my eld


At some point, the hospital might make an offer to settle the case. So, it is important for the patient to determine the value of the case. The patient should consider all possible losses and harm stemming from the malpractice, including, past and future medical expenses, past and future wage losses, pain and suffering, loss of enjoyment of life (the decreased value of a person’s life as a result of the injury, measured by changes in lifestyle, such as the loss of the ability to enjoy sports, walk or play with children), and loss of consortium (losses to family members as a result of the injury, measured by loss of companionship or the loss of the ability to engage in certain activities).
I had to change pain mgmt. clinics as the clinic I was in decided to implement a ceiling in terms of MME dosing that they are allowed to prescribe and I happened to be right at their ceiling (again – stable patient here, no changes on my side for 9yrs and they are the ones that put me in that dosing and it worked well – I know I’m a bit of a freak of nature in this way but there are people like me that can stay stable and not need frequent increases, though we are edge cases).

Dr. Zaheer A. Shah, MD, JD (Attorney and Physician): The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona and he is a board certified, Ivy League trained, practicing physician. Nothing posted on this forum by the author constitutes legal advice. Additionally, any medical opinions rendered on this forum in response to a particular question do not constitute medical advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential. While an effort is made to offer accurate information, there is no guarantee as to accuracy.

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