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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111548
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have two questions if medical personal while on active

Customer Question

I have two questions if medical personal while on active duty covered up and concealed a medical diagnosis of yours can a/ny thing be done about it if you have the proof? And my daughter was assaulted while on active duty while in an ALL male unite they reassigned her with out a medical board now she has PSTD can we sue?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ft. Lewis Madigan Army Hospital and Fort Drum
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not at this time
Submitted: 4 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the "Feres Doctrine" prevents military personnel from bringing medical malpractice claims for treatment received while on active duty. See: Feres v. U.S, 340 U.S. 135 (1950). Her only recourse for such complaints would be through the command for the medical personnel not properly reporting sexual assault complaints to the command as required and it is up to the internal investigation process to pursue those involved.
Customer: replied 4 months ago.
Hi I don't think this would be medical malpractice it was sexual assault and she was traumatized by it what about AR 40-501
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

A person still cannot sue the military for claims occurring when on active duty, that is prohibited. That is why she would have to file a complaint through the command, which is what I said above about failure to properly report sexual assault.

Customer: replied 4 months ago.
She is no longer active duty
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Yes, but the Feres doctrine prohibits claims that occurred while active duty as well, that is the problem. The government prevents the military from being sued by active duty members or claims that arose while they were active duty.

Customer: replied 4 months ago.
O.k thank you for your help I will do more research on the subject I have heard of the ability to place a claim against the military in fact I do know of at least two persons that placed a claim against the Army while on active duty one of which lost a child due to malpractice a settlement of $100,000 was received by my ex- husband
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
There can be a claim against the members who committed sexual assault, but you asked about a claim against the medical personnel for not properly reporting it, that is something different.

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