Introduction
To: Jack Starr, Paralegal
From:
Case:
Date:
Re: Law Suit against the Army on behalf of SFC Hooah, SGT Hooah, and their unborn child
Statement of Assignment
You have asked me to prepare a memorandum addressing the elements of negligent malpractice under Virginia Law, the Feres doctrine and the likelihood of prevailing in lawsuits against the Army on behalf of SFC Hooah, SGT Hooah, and their unborn child. Also to outline any limits to the Feres doctrine.
Issue
The likelihood of prevailing in lawsuits against the Army on behalf of SFC Hooah, SGT Hooah, and their unborn child due to negligent malpractice.
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Brief Answer
There is a prevailing lawsuit against the Army on behalf of the Hooah’s since the complications attained were the aftermath of malpractice by colleagues during the administration of surgical treatment.
Facts
The Hooah’s were driving down 1-95 in there minivan that was struck by a semi-tractor leading to an accident. They endured injuries and were rushed to the nearby Army hospital situated in Fort Ekman, Virginia for emergency care. Unluckily for Sargent First Class Hooah, surgical sponges were forgotten in his stomach by the Army doctors. As a result, he endured severe abdominal pain, bleeding of the rectum and a trench foot. On the other hand, Sargent Hooah, wife to the SFC and expectant, suffered a permanent limp and severe pain in her right foot after a nerve was tamper wing. Besides, anesthesia was improperly administered to her causing adverse effects to her unborn child. Experts confirm that improper administration of anesthesia to an expectant woman may result in permanent brain damage on the unborn child.
Analysis
In reference to the Federal Tort Claims Act, an individual has the right to sue the government for ‘financial damages, injury or loss of property, or personal injury or death caused by a negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.’ On the contrary, the Feres Doctrine (LII, 1992) slightly defers with the Federal Tort Claims Act, since it affirms that the Government cannot be held liable for any injuries endured during activities of the military service by the armed force members. As for the Virginia Medical Malpractice laws and statutory rules, Zachary Matzo (2017) affirms that it is quite different from other State’s jurisdictions. The law helps in distinguishing various mistakes from malpractices during medical activities such as the ones that cause deaths or injuries. The statute indicates that errors are inevitable, hence depending on its magnitude, it cannot be classified as malpractice. Malpractices are viewed as the services which are offered under set standards by the physician in charge causing injury or possible death. Therefore, there must be proof provided by the malpractice advocate showing that the doctor never adhered to the rules of practice and was a cause of the injuries incurred by their victims.
SFC Mike Hooah and his wife SGT Ima Hooah were members of the military army, hence obtained medical attention from the army hospital after the car accident. The emergency care is purposely administered to ensure that the victims of the disaster are taken care of and their injuries nursed. The Hooah’s, on the contrary, suffered life-long injuries which also affected their unborn child due to the negligence of the army physician in charge. From the Virginia medical malpractices, the core elements that are put into consideration are a liability, causation, and damages. It is the liability of the doctors to offer up to standard services and being cautious of their activities to avoid injuring their patients. Failure to meet these requirements, they are then liable to be sued. The surgeon-in-charge of the SCH never took caution and was negligent during the surgery forgetting sponge in his patient’s stomach. As for the doctor who handled SGT Hooah, they were expected to put into consideration the fact that she was pregnant. It is evident that there are types of medication that are not supposed to be given to the expectant mothers unless it is administered with caution and directions are appropriately followed (Price Benowitz LLP, 2017). Therefore the pursuit to sue the army on behalf of SCF Hooah and his wife SGT Hooah is legal and liable.
Conclusion
Physicians take an oath to protect and save lives while in their line of service and work (Loewy, 2017). Therefore, the army doctors who were in charge of the Hooah’s at the emergency care unit are responsible for the longtime injuries they incurred while being attended to. Unfortunately, the unborn child also was caught up the mess due to the possible effects of anesthesia in the body system that might contribute to permanent brain damage. While the law protects doctors from being charged with malpractice in case of injury in their patients, they are expected to conduct their services on some set standards that aid them to keep off mistakes.
Recommendation
The relevant statutes like the Virginia medical malpractice law, the Feres doctrine, and federal tort claim Act have to be keenly examined, and evidence provide so as the army physicians are not in any way charge with an offense that was not intentional.
To:
Date:
Re: Opinion Letter on Medical Malpractice
It is evident that efficient service offered by physicians is mandatory and it involves meeting specified standards. Besides, doctors are authorized to save lives, and this is encouraged through the Hippocratic Oath that is usually taken during graduation. Contrary to this, mistakes and errors keep arising, and research indicates that medical mishaps are among the top reasons for increased mortality of patients. Various reasons contribute to the errors made by doctors during the delivery of service, and it includes fatigue due to working very long hours. Furthermore, some cases that require fast allocation of treatment may result in adverse mistakes resulting from the hasty steps taken to try and save the life of the patient in question.
Since such incidences are sometimes inevitable, the law must protect doctors from being sued by patients who end up incurring injuries or damaged organs and tissues. The law plays an essential role in ensuring that patients do not take advantage of the military physicians by pursuing a court intervention for injuries that may include minor side effects like in the case of the Feres doctrine. On the other hand, to emphasize on standard and efficient services, the Federal Tort Claims Act law ensures that doctors avoid negligence and malpractice by offering the government and patients to sue them in case of injuries caused after delivery of treatment.
The different States define the malpractice statutes differently, but the bottom line is the offering of treatment to their patients with caution. Military hospitals are operated by army members who are trained in the medical field, making it easier for them to access services with ease in case of the need for medical attention.
It is vital to protect the dignity of service men and women who are trained as medical practitioners, but the lives of their colleagues who seek treatment from the army hospital have a right to safety. Therefore, the statutes have to cut across with the consideration of both the army doctor and army patient.
Regards,
Student Name.
References
feres, Executrix, V. United States, No.9 (Supreme Court Of The United States October 12, 1950).
Legal Information Institute (LII),. (1992). Feres Doctrine . Retrieved October 12, 2017, from Legal Information Institute (LII): https://www.law.cornell.edu/wex/feres_doctrine
Loewy, E. H. (2007). Oaths for Physicians – Necessary Protection or Elaborate Hoax? Medscape General Medicine , 9 (1), 7.
Matzo, Z. (2017). Virginia Medical Malpractice Laws & Statutory Rules . Retrieved October 12, 2017, from ALL-LAW: http://www.alllaw.com/articles/nolo/medical-malpractice/laws-virginia.html
Price Benowitz LLP. (2017). Medical Malpractice Claims in Virginia . Retrieved October 12, 2017, from Price Benowitz LLP: https://pricebenowitz.com/virginia-injury/medical-malpractice-claims
