Federal Tort Claims Act Malpractice / Military Claims Act Malpractice

 Posted on August 28, 2009 in Emergency Room Malpractice

A retired naval officer has settled has case with a Naval Hospital in Florida for close to $1 million after claiming that the hospital negligently handled his medical treatment and caused doctors to remove part of his brain. The officer, now 42 is now permanently and totally disabled and unable to support his family. He settled his medical malpractice case for $625,000 in cash along with monthly payments of $1,600 for the rest of his life (an annuity valued at about $325,000). The settlement was approved this month after the officer filed a lawsuit against the Navy that was scheduled for a jury trial in September. The lawsuit stemmed from treatment the man received in March 2007, when he went to the naval hospital complaining of severe headaches. The Hospital initially diagnosed the man with viral meningitis and discharged him that month. He still was suffering severe headaches and went to a nearby civilian hospital where he was correctly diagnosed with viral encephalitis. The delayed diagnosis resulted in severe brain swelling and doctors subsequently had to remove parts of the man’s brain. Federal law prohibits people in the armed forces from suing the military, but the man’s case was able to be filed because he was retired at the time of the incident. A copy of the article regarding the case can be found here .

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled several federal tort claims act cases and military claims act cases. It is always tragic when a military hospital mistreats a member of the service who has given some much to our country. To see some of the cases I have handled, click here .