Typically, active duty military personnel cannot bring a legal action against the military for injuries caused by military decisions, or other military-related activities. But the House Judiciary Committee is considering a bill that would allow military families hold the government accountable for non-combat related personal injuries.
Col. Adele Connell tried to bring a claim against Walter Reed Army Medical Center when her physician mistakenly operated on the wrong breast during a cancer surgery, and removed healthy tissue and lymph nodes. The negligent surgery caused her become disfigured. Her medical malpractice case was dismissed under the Feres Doctrine, which prohibits such claims. The congressional bill would change that.
“These last eight months have been unbelievably difficult,” said Connell, who has served for more than 30 years. “The reason I am going public is that I want to try to improve the military for soldiers serving all over the world.”
The legislation passes, it would be retroactive to 1997, potentially affecting the outcome of several pending lawsuits.
The malpractice lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.