Legal Question in Military Law in Texas

surgery & ED

My husband is active duty Army and is about to start his medical board. He had surgery for pronounced ulcerative colitis to remove his entire large intestine. His doctor said there was less than 3% chance (I believe this was the percentage)of erectile dysfunction as a result of the surgery. His surgery was Mar 06 and he has suffered with ED ever since. He is seeing a urologist but the issue is not getting any better. The doctor has even told him it might not ever get better. As his wife, do I have any grounds for suit against the military?


Asked on 7/29/07, 6:31 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: surgery & ED

It is highly unlikely that you would prevail in a lawsuit. The physician warned there was a chance of ED and the fact that it occurred doesn't mean the physician was incorrect. Moreover, ulcerative colitis can only truly be treated by surgery. For this reason, I do not believe you have a potential for a good claim. The only way to tell is to have an expert review the materials. I can tell you that it is not a case I would investigate simply because it would require a federal lawsuit under the Federal Tort Claims Act, and only the strongest of suits survive in that environment.

I do wish you and your husband good luck.

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Answered on 7/30/07, 10:59 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: surgery & ED

There is a possibility of being able to sue the government for issues such as this. My firm would require more information about the case to assist you. I realize from your zip code that you are not near my office in Houston. If you would like to discuss your case, please contact my office manager Mr. Ed Smith ([email protected]) and he will be able assist you.

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Answered on 7/29/07, 6:48 pm


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