Legal Question in Medical Malpractice in District of Columbia

Military Malpratice

4 Months ago, I had a hysterectomy at Walter Reed Army Medical Center in Washington DC. I am a dependent of a retiree. During the surgery, the resident mistakenly cut my ureter--urology was called in to repair--surgery went from estimated 3 hours to 10 hours. I just got the results from the last IVP and the repair does not look right according to the urologist. Now I have to go for more tests--may have to have more surgery. I have the original surgery report and there were many problems during my surgery. All I am told is that I signed a consent form and there are always risks when a person has surgery. The mistake has caused me much anxiety, many more medical tests, leave time, etc--what are my legal options.


Asked on 11/04/03, 8:30 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Military Malpratice

There can be no consent by a civilian being operated upon by military doctors to actual malpractice. The civilian may consent, of course, to the attendant natural and expected risks that come with the surgery, but not to care and treatment that falls far enough below the standard prevailing in the community at the time of the operation to constitute malpractice.

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Answered on 11/05/03, 10:29 am


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