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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 113425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a military dependent. I was diagnosed with Trigeminal

Customer Question

Hi, I am a military dependent. I was diagnosed with Trigeminal Neuralgia, otherwise known as the suicide disease. I was told by 3 doctors including my neurologist at the navy hospital I was not a surgical candidate and my MRI was "normal." The chief of Neurso surgery found a vessel compressing my nerve and fixed it surgically. It was glaringly obvious on the MRI. I had teeth pulled, was suicidal from the pain, accused of drug seeking etc. Do I have a valid claim? I am an RN, I have pulled all my records and have the documentation that I was not a surgical candidate.
JA: Are you overseas or stateside?
Customer: Stateside, w
JA: Have you talked to anyone in the chain of command about this?
Customer: WA
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, I have we have had several patient care conferences. They also had me on TNF blockers thinking I had arthritis and they were orthopedic surgical issues.
Submitted: 5 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 5 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.
For starters, 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). Dependents of active duty military personnel, such as spouses and children, are not barred from bringing claims under the Federal Tort Claims Act.
So as a dependent, you are able to sue for malpractice if you can make your case.
Next, in order for you to have a claim for malpractice against the doctors and facility, you must have another qualified medical expert who is willing to supply an affidavit that explains how the care/diagnosis you received previously was below the reasonable standard of care and that expert will also have to testify in any trial as to how the previous care was substandard in misdiagnosing you.
If you have a qualified medical expert willing to testify that your previous providers provided substandard care, then you can sue the providers for malpractice.

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