I am under severe mental anguish due to misdiagnosis on the military that has lead me to being labeled delusional, hypochondriac, and landed me in a psychward. I have proof of the misdiagnosis. I wa sput on meds to help with the real diagnosis early on but taken off of them 1 day later after being put in a psychward due to the doctor's feeling that what i was diagnosed with is "unlikely" at my age. What can I do about this? I've looked into the FTCA but I don't understand it.
In December I suffered from heat stress. An accident report was not filed. After this incident I felt short of breath alot and was overconcerned about my hydration. Feeling short of breath lead me to the emergency room twice and several follow ups with mental health clinics. I began to develop excruciating headaches, and I went to the doctors for this. They told me it was all due to stress, prescribed me Ibuprofen and sent me on my way. The medication didn't help. I went to the emergency room 2 more times due to these head aches. I visited a doctor before I was medevac'd who said I had an ear infection and prescribed me antibiotics. I took them for one day before I was medevac'd after calling the ambulance again due to my bad head aches that had been going on for 2 months already. I arrived stateside and was put into a psychward. This was voluntary to go, but not voluntary once I stepped in the door. I was promised that tests would be run here and that this wa smy purpose for being here. The doctor took me off my antibiotics because he didn't feel I could have an ear infection at my age. He didn't check my ears, he went off what he felt. I was prescribed several different kinds of medications but due to their side effects resembling dehydration and some side effects just making me feel horrible I refused medication. I was told over and over that my pain is due to stress, that its not real, and that I'm just worrying too much. 2 months after discharge I visited a doctor again for my headaches that were ongoing. He was surprised when he saw my ear infection and was concerned if I was in pain in my ear. I told him my whole head hurts. He diagnosed me with middle ear infection and sinusitis and prescribed me back on antibiotics and also sinusitis medication. My concerns about chest pains have reason as well. I was diagnosed with acid reflux before leaving overseas to come stateside, but my medication wasnt brought with me,
Thanks for the chance to assist
Are you active duty?
Yes sir I'm active duty.
You mention the FTCA...I presume you are considering a suit.
If you were in the military at the time of the offense, on active duty, then the answer is no. You are not able to successfully sue they Military or your commander, presuming he was acting as the commander. The reason for this is a case called "Feres vs US". This is a supreme court case that states if you are prohibited from pursuing a tort claim against the US for events occurring while serving on active duty.
More info here
Sorry to bear bad news.
That said, you may have recourse if your commander has wronged you under Art 138, UCMJ.
Article 138 is one of the most powerful rights under the Uniform Code of Military Justice (UCMJ), but it is one of the rights least known and least used by military personnel. Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made and a superior officer must "examine into the complaint."
Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer. The right even extends to those subject to the UCMJ on inactive duty for training.
Matters appropriate to address under Article 138 include discretionary acts or omissions by a commander that adversely affect the member personally and are:
In violation of law or regulation
Beyond the legitimate authority of that commander
Arbitrary, capricious, or an abuse of discretion, or
Clearly unfair (e.g., selective application of standards).
More info here
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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