Legal Question in Military Law in Maryland

Walter Reed malpractice

As a spouse (and retired military member), can I take legal action against DoD, Dept. Army, Walter Reed or a specific Army doctor for not providing my spouse proper medical care which has likely resulted in permanent disabilities?

Spouse returned from Iraq within months began having medical problems including seizures. Doctors told us it was pyschological and that he had no brain injury even though he was near multiple explosions and helmet stopped shrapnel. Nearly three years later, as he continued to medically decline, it appears he does have a brain injury, but it may be too late to improve his conditions.

Asked on 7/31/08, 12:46 pm

1 Answer from Attorneys

Philip D. Cave Military Law & Justice

Re: Walter Reed malpractice

Generally a military member is barred from a lawsuit. There is some question of whether a spouse can sue for direct effects on them from the malpractice. But this is a very complex issue.

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Answered on 7/31/08, 1:46 pm

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