One lady went through the drive thru and ordered a cup of coffee. She then knowingly placed that hot beverage between her legs, causing significant burns. But instead of suffering her own negligence, she filed a million dollar lawsuit with McDonalds for serving her such a hot cup of coffee. Most assuredly, had the coffee been handed to her at room temperature she would have returned and demanded a steaming hot cup. The case was settled out of court for an undisclosed sum.
In 2007 a former DC Judge won a 54 million dollar lawsuit over a pair of lost pants. That's right; he won a lawsuit because the drycleaners lost his prized pair of trousers!
These lawsuits are amusing to read, yet them and many like them are filed and won on a daily basis. But what of the lawsuits that cannot be filed? The ones that are more "legitimate" in nature. I'm speaking about the ones that involve our service members. Did you know that if a service member is injured while on active duty he cannot file a lawsuit? Now before you flame spray me let me qualify this statement. Every military service member knows, or should know, what they are getting themselves into when they enlist. Each sign up knowing they could be placed in harm's way, while on deployment or in training. But what of the other situations, such as medical care? If a military service member goes to the doctor shouldn't they expect the best care? Shouldn't they feel confident that everything that can be done will be done to ensure their health and well being? Do they not deserve to be adequately cared for? So what happens if the care they receive causes more harm than good? What can an active duty service member do if a doctor or surgeon's actions- or lack of action -causes more harm than good? Nothing! Under the Feres Doctrine (1950) a service member cannot sue the government for injuries incurred while on active duty. This includes medical malpractice. Instead, they are offered a pow wow, the opportunity to sit across the table from the doctor who wronged them so they can tell them how they feel. Time has come to repeal the Feres Doctrine and hold the medical professionals to the same level of accountability as their civilian counterparts. Military doctors need to know that they can and will be held accountable for their actions. Maybe then our military service members will get the care they deserve. Isn't it time service members are granted the rights of the citizens they are protecting?!
#feresdoctrine #militarymedicalmalpractice #servicemembersrights #militaryinjustice #isthereanattorneywillingtotakeontheferesdoctrine #yesthisispersonal