Legal Question in Military Law in District of Columbia
Payment of Medical Costs Resulting from Malpractice
My father(78)is retired from 20 years active duty with the USN. During a routine biopsy performed on my mother(76)at Walter Reed Army Hospital, the surgeon accidentally perforated her duodenum. The error when undetected for nearly 24 hours, and my mother almost died from the toxic bile secreted into her abdomen. She remained hospitalized for 11 weeks, primarily in the ICU following numerous near-fatal complications. She is now home but continues to require feeding and drainage tubes. My parents are being billed for her hospital meals (all of which were administered intravenously) and for the portion of at-home care not covered by Medicare and TRICARE. My father has been advised that there is no provision in his military benefits to cover these costs, and his only recourse is to--name removed-- This not only adds insult to injury, but portends to be a huge and seemingly unnecessary source of wasted time and resources for both parties. Is there a way for the military to cover these costs ''by the book'' without having to be sued? One would think that exposure to a malpractice suit would be impetuous enough to make this go away. Is the beauracy REALLY that convoluted???
1 Answer from Attorneys
Re: Payment of Medical Costs Resulting from Malpractice
Yes, if it's the VA bureaucracy to which you're referring, I fear the answer must necessarily be, yes, not only convoluted, but expansively insensate.