Legal Question in Medical Malpractice in Kansas
Where do Military Personnel find help for Medical Malpractice?
My friend and his wife just suffered a miscarriage. The military hospital which treated her under TRICARE witheld the results of an abnormal PAP smear which showed she had cervical cancer as early as April, one month before she became pregnant. They also knew one month ago that the baby was dead and did not tell her. In addition, they never admitted to her that she had cancer, or scheduled her for treatment evaluation for the cancer, until she lost the baby two days ago. They know of no recourse for either the malpractice or seeking outside medical care, as they are unable to pay up front for care that is not provided by TRICARE. What else can they do to ensure she is receiving the appropriate treatment?
2 Answers from Attorneys
Re: Where do Military Personnel find help for Medical Malpractice?
Medical Malpractice cases arising from treatment of the member are barred by law in most cases.
Medical Malpractice committed against dependents is actionable under the Federal Tort Claims Act, but it is difficult to find a lawyer who will take such a case because these are tried not to a jury but to a judge, and damages are strictly limited. In addition, they are tried against the Department of Justice which makes them a 3 to 6 year ordeal. The DOJ is not the best at playing nice, although some lawyers there try very hard to do the right thing.
In Kansas you might try Shamberg, Johnson & Bergman in Overland Park. They have taken FTCA cases before and might be willing to discuss your case with you. They can be reached at 913-642-0600.
Re: Where do Military Personnel find help for Medical Malpractice?
They may be entitled to file a federal tort claim if the wife was not in active military service at the time the care was provided. Whether the deceased infant has a claim in the event the death should have been prevented, depends upon the state where the care was provided. In some states a claim can be brought for the wrongful death of an infant in utero. Your friends certainly need to share additional facts with a lawyer to see whether they have legal remedies available. There are also significant benefits the wife may be entitled to even if she was in active military service at the time of treatment.
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