New York Medical Malpractice

Are you familiar with the Feres Doctrine? The New York Law Blog has some interesting information on the little known law which relates to medical malpractice and the military:

Last year, CBS News reported on Marine Sergeant Carmelo Rodriguez and his battle with the medical malpractice system in regards to the military. While serving in the Marines, Sgt. Rodriguez was misdiagnosed by military doctors, saying a malignant melanoma was actually just wart. Years later, Sgt. Rodriguez was medically discharged due to his cancer, and due to a little known law called the Feres Doctrine, Sgt. Rodriguez’s family cannot bring a medical malpractice case against the government.

A New York City woman was forced to wait over two hours for a head scan after falling and hitting her head, and the wait rendered her partially paralyzed. Yahoo News has the story:

Jurors found New York Hospital Medical Center of Queens was negligent in caring for Candida Diego after she fractured her skull in a fall in September 2004.

A spokeswoman says the hospital doesn’t believe it is liable for the 71-year-old’s condition and is appealing the Oct. 3 decision awarding her $10.7 million.

Court documents say Diego was cleared for a brain scan two hours before she got one. The test was intended to check for bleeding.

Link via Sui Generis