Legal Question in Medical Malpractice in Guam
Medical Malpractice Case
I am a California attorney. A client wants me to represent him in a medical malpractice suit - injury however occurred in Guam -
In short, the injured party (in the American Navy, in Guam) was advised to take an MRI by a private doctor. However, his Navy Doctor did not deem it necessary and suggested alternative therapy. As a result, the injured party suffered injuries that could have been prevented had he taken the MRI. The injured party has evidence of the MRI suggestion plus all other evidence.
Can the Navy Doctor be sued? What is the Statute of limitations in Guam?
Is it possible and legal that you work with me in this case? Alternatively, is a referal fee legal in Guam? This injured party lives here in California now.
I would appreciate any feedback.
2 Answers from Attorneys
Re: Medical Malpractice Case
Check the Feres doctrine.
Re: Medical Malpractice Case
Active duty military personnel may not sue other active duty military personnel under Guam territorial law because of the Feres doctrine.