In a previous post we wrote about the challenges those in the military face when trying to file a medical malpractice lawsuit. This is due to the Feres Doctine which currently makes it impossible for someone in the military to sue the U.S. government for negligence. This is true whether they reside in Pennsylvania or elsewhere in the country.
A 23-year-old, now retired Airman is challenging that doctrine. He allegedly lost his legs as a result of a gallbladder removal procedure gone wrong. Allegedly many surgical errors were made.
The man was to be deployed to Afghanistan but could not go until his gallbladder was removed. Accordingly, he was set for laparoscopic surgery. The problems started early on in the surgery to remove the organ, when a surgeon cut the man's aorta.
After several hours of allegedly negligent actions undertaken to try to make the situation better, the man was moved from the military hospital to a civilian hospital. There his legs were amputated due to prolonged period of time without blood reaching them. The laparoscopic surgery was performed by military surgeons.
According to the complaint, along with the U.S. government, David Grant Medical Center and the Air Force were negligent by among other things, not providing proper supervision over a surgery resident performing the operation. It also alleged that proper policies, rules and procedures designed to ensure patient safety had not been adopted or enforced.
Along with his wife, the man sued the U.S. government. They are seeking $34.3 million for the man's physical impairment, loss of earning capacity, disfigurement and mental anguish and damages. They are also seeking $20.5 million for the man's wife for the loss of a normal relationship, the loss of household services of her husband and loss of enjoyment of life or loss of capacity to enjoy life.
Many in the military will likely be watching this case closely. Multiple attempts to overturn it since its adoption in 1950 have been unsuccessful. The Freres Doctrine was last challenged in 2011 but the Supreme Court chose to not hear the case.
Source: Appeal-Telegram, "Former Beale airman sues over losing legs in botched surgery," Chris Vaughn, April 1, 2012