Supreme Court Considering Review Of Law Preventing Military Medical Malpractice Claims
The U.S. Supreme Court is currently considering whether to review a medical malpractice case involving an anesthesia error that left an Air Force Sergeant – Dean Patrick Witt - brain dead.
Although the nurse responsible for the error surrendered her license, Witt’s family was unable to bring a medical malpractice lawsuit against the Air Force because of a 60-year-old ruling, called the Feres Doctrine. The Feres Doctrine provides that medical malpractice is similar to battlefield injuries and as a result, the military is immune from civil litigation.
In Witt’s situation, a nurse anesthetist put a tube down the wrong part of the sergeant’s throat, depriving his brain of oxygen. He then died after being taken off of life support. Generally, when an anesthetist or anesthesiologist fails to properly administer anesthesia, they may be held responsible in a medical negligence lawsuit. However, because of the Feres Doctrine, the Federal court denied the Witt family’s claim. Witt’s family has petitioned the Supreme Court to review the case.
In a previous dissenting opinion, Justice Scalia wrote, “Feres was wrongfully decided and heartily deserves the widespread, almost universal criticism it has received.”
As Hawaii personal injury lawyers, we will be following this case closely and are hopeful that the S.Ct. will decide to review Witt’s case and overturn this widely unpopular and unjust decision.
For more information, or believe you have been harmed by any medical malpractice action, please contact the experienced Hawaii medical malpractice lawyers at Bostwick & Peterson, LLC.
