Government Blocking Medical Malpractice Claims against VA Hospitals

There are 2 medical malpractice claims in question regarding the Department of Veterans Affairs (VA) health care sytem, which resulted in the death of Navy veteran Asenath German and the death of the newborn son of active duty military parents Jacqulin and Prather Price. Both of these claims are in the hands of U.S. District Judge Marcia Morales Howard, part of the Middle District of Florida Jacksonville Division.

In the case of German, her husband, an active-duty Navy soldier, is filing the suit after doctors at the Naval Hospital in Jacksonville failed to diagnose a brain hemorrhage. German sought treatment in 2008 but was dismissed with minor treatment for a migraine. A few days later she was experiencing stroke-like symptoms, which brought her to being admitted to the Mayo Clinic in Jacksonville.

The couple filed a lawsuit against the naval hospital and is now fighting against the Federal Tort Claims Act, which blocks lawsuits against the government by active-duty military personnel. German passed away in December 2010, but her husband is continuing the suit.

In the case of the Price family, the parents are alleging malpractice during their son Elijah’s birth that caused him to only survive an hour after delivery. The lawsuit alleges that the medical staff at the same naval hospital didn’t take into account Jacqulin’s difficulty with gestational diabetes and also Elijah’s large size prior to birth. The option for a cesarean section wasn’t allowed, ultimately resulting in Elijah death.

In the Price case, it’s again active duty military trying to file a lawsuit for malpractice against government-run hospitals. Lawmakers are arguing over whether VA hospitals and doctors should share the immunity of the FCTA or not.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from Veterans Help Group is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today 1-855-855-8992.