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Military Medical Malpractice|
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Member |
I saw this last night on CBS News. It will make you sick!
CSB News |
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Member |
DAAAAAAAAMN THAT SUCKS!
What can we do? |
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Basic Training |
I saw that same program and it really pi$$ed me off. I know that was probably an extreme case of medical malpractice but thats beside the point. I felt so bad for that family and to top it off he died while the reporter was there. I honestly believe the military is just trying to save money, it's sad.
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Basic Training |
I believe that this is in the same spirit as the judgement the other day against the plaintiffs of a class action suit in that could not sue the Army Corps of Engineers for malpractice because of the failed levees in New Orleans. (Source)
We seem to have a government is has been distancing itself from those it is supposed to protect and serve. Gross imcompetance is a result of a lack of accountability. |
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Member |
All we can do is write our Congressmen. Until new laws are passed to protect us from this incompetence, we can't do a thing about incidents like this, and niether can our families.
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Experienced Member |
I of course never knew this Marine, but maybe if he was here, he might advise another additional lesson:
Take part in your own health care! "Thank you Sir. I am still very worried, may I have an opinion from another Doctor?" I came within a day of loosing my leg becuase of a missed diagnosis from a very, very minor incident. I missed a chance to ask for that second opinion when I first saw medical. A week later, a doctor happened to come across me, noticed the problem and put me in an ambulance. If what a medical person tells you doesn't feel right, ask for another opinion! |
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Basic Training |
Again, I don't know about the present but there was a time when members, especially enlisted, didn't really have that opportunity as a "my way or the highway" attitude prevailed in military medicine. That still might be the case in some areas. |
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Basic Training |
Law suits for money is one thing, holding the Dr. accountable is another. A license to practice should be based on competency and ability. I'll bet physicians would exercise a little more Due Care if there were repercussions like terminating their ability to practice. (VA "doctors" can especially use some consequences)
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Member |
Monte:
There is quite a legal distinguishment between military medical malpractice and the levees; whereas, both incompass immunity the doctrines are different. Military medical malpractice and military member's deaths are barred from civil action under the Feres Doctrine. Feres was a prisoner at Leavenworth, who was ordered to strip a floor using an electric buffer, a stripping pad and gasoline. Feres engaged the buffer and the gasoline ignited burning him to death. The case was dismissed as a military member has placed himself under the control of the military and death is an acceptable result of this lifestyle. The Court was afraid that exceptions to this immunity would lead to a flood of civil actions arising from fratricide and other negligently caused deaths. Conversly, the immunity regarding the Corps of Engineers, arising under statute that the federal government has immunity from suit. This immunity can be breached by the government; if they satisfy a two pronged test. 1) The government undertook an action so as to become responsible; and, 2) the government (agency) did not follow its own policies and directives in its action. The most recent case, I recall is the S/V Morning Dew. The vessel called may-day, we sent out a boatcrew, the boatcrew returned without initiating a search pattern. A man, his son and another boy drowned. The lawyers representing the families were able to convince the court that the Coast Guard initiated an action but failed to follow its own directives. If memory serves, the families recovered around 6 million from us. I have no knowledge of any exception to the Feres doctrine or any prevailing in such an aciton representing a military member. BMC (ret) |
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Basic Training |
First and foremost, deepest sympathies to the family of this Marine!
I do believe Feres was challenged and the active duty woman who filed suit against the military won the case. It was late '80's, maybe early '90's, and involved the death of her baby due to care she received at the Army Hospital in Hawaii. It also started the Investigation of just who was being hired by the military to provide medical care for our troops. Alot of "mystery degrees" were discovered on staff around the country, and a number of doctors, with very scary track records in the civilian medical field, had been hired by the military. I'm sure it's on the books somewhere. It was a big issue back then with lots of coverage on TV and a series in the Navy Times. The military cleaned things up significantly, and adjustments were made in just what "acceptable care" really means, but we all know things run in cycles. It's very important for everyone to keep close tabs on your own medical care, and that of your family members. You are the best advocate for yourself and your dependents! As stated, get a second opinion or ask for a referral to a specialist. If you don't get satisfaction from the medical side, take it through your Chain of Command, see your HS or Command Chief and ask for assistance in getting your medical issue reviewed and resolved. Also ask for a copy of the office visits and keep a file on your care. Ask Doctors if you should set up a followup appt, or see a specialist for the issue. They may assume that someone else will read the notes and do that for you. This issue sounds like it had been going on for quite some time with no resolution until it was too late. Hard to tell the specifics and not the place to speculate. Don't be too busy to get your required physicals, and dental checkups, or go to followup appointments. Medical and Dental Readiness are requirements of continued service. Many things are treatable these days if detected early and proper treatment is followed. It's very sad that this case, for whatever reason, ended the way it did. |
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Member |
Long Beach CA Veterans Hospital is a PIT. Few nurses, few doctors, and they are usually in the lounge.
The way we treat our vets maybe the draft dodgers were right. |
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Member |
Bla, bla, bla, bla if you think you can do something about it. Asking for a 2nd opinion...yeah right. What kind of 2nd opinion you think you will get? The same crappy one you got from the first one. And it will probably be a while because the few Drs or PAs they have can see you, and that's because they are over booked. You want good medical care, go get yourself some health insurance (yes, lots of $$$$) and get a real Dr. But be ready to pay. About a year ago I fired TriCare when poor medical care for high blood pressure resulted in a type of Hepathathis (overgrown liver). Thank to my wife's medical health insurance (for which she pays $340/month) I was able to get a real Doctor...ended up in the hospital, treated and cured. Going back to make an issue would be a waste of time and $$$. So I just don't use the mediocre medical services that I was promised for serving 20+ years.
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Basic Training |
Wow! That's the kind of Messdeck Intelligence and banter that keeps this cycle going, leads others to believe that it's hopeless and the Chain of Command doesn't work and the military systems are supposed to carry everyone with no effort, and can't be changed.
I did challenge the medical system, but had to do "home" work and research to build the case. No-one else did it for me, but many were wiling to provide supporting information. It was sooooo wrong that it had to be corrected! If it caused a bit of personal embarrassment, then so be it, it fixed a big problem. By contacting other active duty members to get their experiences and information to prove the full scope of the issue, the system needed to adjust to the current standards of medical care available. Sending it through the Chain to someone who COULD do something about it, provided the credibility that benefitted the spouses, daughters, and active duty women throughout the District, not just me. The CG Teams who had to cover while others spent an entire working day in travel and time to get to the nearest military medical treatment center for upper level "routine" medical care also benefitted by having their people available for duty. The Bar was raised on what "acceptable care" meant. Of course, medical issues are a personal issue and every case is different. I've been through alot of other "stuff" medically that I did pay out of pocket for willingly to fix the problem because the military system didn't recognize "those methods" at that time, and CG Candy (800mg Motrin) didn't fix the problem, just dulled it. It was well worth it! I chose to retire in an area where I still get the better medical care then I received during my career, and so do my children. It's not at a major military base. It was more important to me than putting on my Anchors and ending up in another place with substandard military medical care for me and my family in retirement. It's about what you choose when you retire for medical, there are choices. If you choose one of the "Big Five" locales for the Medical care, be prepared to get the same thing you got throughout your career, and it will change as people transfer. That's not going to change because you are retired, you just take a back seat to Active Duty care. Maybe your spouse's medical care plan is better than the military medical care available in your area. If so, then go for that, but do your homework first and be informed, so you can carry backup military medical coverage too. These are things everyone needs to look at when they are looking at retirement, medical discharge or medical retirement. You have to weigh the options and make decisions based on your family needs and your own medical issues. And regardless of what you've heard about the VA, every person leaving the military needs to register upon release (or pre-register if retiring) to get rated for anything that may have happened during your military career. Yes, it takes more time and paperwork, but it's another form of insurance that is covered, if rated, and doesn't come out of your pocket. It's never too late to go to the VA for an evaluation. Too many just expect the VA to cover them, just to find out that the distance between discharge/retirement makes it more difficult to get records and prove there may be a connection to something you were exposed to in the military, or was caused by an injury that occurred during military service. Even things that were corrected while still on active duty may be rated. Get a VA Service Officer and let them guide you through the process. They know the system and are your advocate. It's worth it! Health Care today is such a racket, and so expensive, you have to use every available option to get proper coverage for things that may not show up as a problem until years later. That buoy deck, softball, or SAR Case injury turns into chronic bursitis, age doesn't help. Most exposed to Agent Orange are now gone, before hitting 50. We've lost an entire military generation to help fight for better medical care and coverage for Veterans, and we have another generation coming home from Iraq and the Middle East needing care too. We have to do it for ourselves, our families, our peers, and those that come after us. It's a new generation of taking care of our own. It's our turn, and our repsonsibility to make it happen. Research all the Candidates carefully this year, not only for the President, but for those who are "supposed" to represent every state, and every person in that state! Veterans need a true voice in the House and the Senate too! Military medical care for active and retired has always taken a back seat, because many who serve in the House and Senate have never served, but enjoy the benefits of access to the military medical care system. . .time to put those who HAVE served in the front seat again! |
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Basic Training |
Well OK, about 40 years ago, a young ET3 suffered some coral abrasions while snorkeling off of Yap Island. The wound turned into coral infection which was beyond treatment of the station's HM1. The young Petty Officer was medievaced to Hawaii which in turn, sent the man to Oak Knoll Naval Hospital in Oakland, California. The internist decided that the Petty Officer's leg had become so infected that gangrene had set in and therefore had to be removed. After the survery, to thier horror, the medical staff discovered that the wrong leg had been amputated. Immediately, the young ET3 was sedated again and sent to the OR where the infected leg was removed right and properly this time. Shortly thereafter, a pi$$ed off ET3 consulted the base legal office at Alameda to find some sort of recourse of this malpractice. The base legal officer told the Petty Officer that he could not sue for malpractice. When the young man asked why, the lawyer responded, "because you don't have a leg to stand on." |
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Member |
The question is, why do we have to challenged the medical system? It sounds to me like people think that it's ok for it to be sub-standard and either we take it or fight it! Sorry but when I served, I served well and I was expected to do so. I now expect in return to get quality health care and not what we get nowadays, and much less have to "do my homework" to get what in my opinion I/we deserve!
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Basic Training |
Kekojones123, when serving, we as members of the Armed Forces were treated by way too many as second class citizens. By the looks of the news headlines over the past year or so, especially when the topic of health care is approached, members and veterans alike are still treated as they were second class citizens. And that's a real pity because the young people of today, many who seem a hell of a lot more aware than we were a few decades ago, are looking at this and wondering if they really should concider going into the military. Why put your butt on the line or at the most extreme, take the bullet for your country if your country is going to treat you like dirt.
I realize this is not the case 100 percent of the time and there is actually some excellent military and VA health care professionals and technicians out there. But way too many are falling through the cracks while the plattitudes of "thank you for your service" and, "support the troops" are uttered ad nauseum. Fred M. |
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Member |
That is precisely my point. But every time this topic comes up, I keep hearing our contemporary veterans say that it's the medical system is good enough for us since it is provided by the government and it is up to us to "challenge" the medical system if we want it better! That mentality is the one that I don't understand. And yes, although there are good services, doctors and medical technicians out there, the fact remains that they are in the very vast minority!
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Member |
Of course it is up to us to "challenge" the medical system if we want it better! If we don't challenge it, then obviously everything is fine! |
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Member |
Good luck. In the meantime while you gamble w/ your health, I'll go get quality medical care.
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Military Medical Malpractice