Legal Question in Military Law in Rhode Island

Military Negligence

A friend of mine I served in the Navy with has an issue and i am doing research for him. I found this site in a search and thought I'd ask. He had a foot problem and it was misdiagnosed. Due to the diagnoses we had surgery, which made it far worse. He was a civillian specialist who said he was misdiagnosed and the surgery screwed up his foot. He has to go to Boston to see the ''supper doc'' who is one of the only 3 in the country who can perform the surgery he needs to have a chance at saving his foot, but they didn't give him much reassurance that his foot could be saved. The specialist said, ''This is a direct result of the misdiagnosed problem and unneeded surgery. That is the only reason this is happening to you and the reason you may lose your foot''. he is on medical leave indef and they are planning on medically separating him soon. Is it remotely possible to sue somebody? I know Navy Docs are immune to lawsuits, but once he is not AD can he sue the military or government? This one Doc can't possible get no repercussions for his mistaking causing a guy to lose his foot and receiving nothing in return for his service, but a boot and disability. Any help/advice/reference would be greatly appreciated. Thank you for your time.


Asked on 12/21/07, 9:49 pm

1 Answer from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Military Negligence

FTCA probably makes the government immune; however, did your friend get a military medical discharge/retirement?

I handle cases like these. Feel free to have your friend contact my office to set up an initial consultation, free of charge, to discuss your situation. If we set up an appointment, I'd be happy to initiate the call in order to save you in long-distance charges.

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Answered on 12/22/07, 8:33 am


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