Published by Arfaa Law Group
It is not uncommon for members of the United States military to seek medical care while they are serving. Sadly, such care does not always live up to expectations, and in some instances, lapses in medical judgment cause grave, and sometimes fatal, harm. Healthcare providers in the military who negligently harm patients can be held accountable, but claims against such providers may fall outside of the jurisdiction of the Maryland courts, as demonstrated in a recent ruling. If you suffered the loss of a loved one because of a healthcare provider’s recklessness, it is important to understand your rights, and you should consult a Baltimore medical malpractice attorney.
History of the Case
It is reported that the plaintiff, acting individually and on behalf of her deceased daughter, filed suit against the defendant, the United States, alleging medical malpractice under the Federal Tort Claims Act (FTCA) and violations of 42 U.S.C. § 1983 and the Administrative Procedure Act (APA). The plaintiff’s daughter, a military officer, died by suicide aboard a ship after being discharged from inpatient psychiatric treatment with a treatment plan that was not followed.
It is alleged that the plaintiff filed an administrative claim with the military in 2020, which was denied on the grounds that the standard of care was met. The plaintiff appealed the denial, but the Military Medical Malpractice Claims Appeals Board upheld the decision. The plaintiff then filed the current action, alleging that the military’s negligence and the mishandling of her administrative claim led to her daughter’s death. The United States moved to dismiss the case, arguing that the court lacked subject matter jurisdiction.
Jurisdiction Over Medical Malpractice Claims Involving the Military
The court evaluated the defendant’s motion to dismiss based on subject matter jurisdiction. First, it addressed the FTCA claim, applying the Feres Doctrine, which bars lawsuits against the government for injuries to military personnel arising from activities incident to military service. The court found that the plaintiff’s claims fell squarely under this doctrine, as they stemmed from the Navy’s alleged negligence in treating a servicemember, thus barring the claim.
Regarding the plaintiff’s claim under 42 U.S.C. § 1983, the court ruled that § 1983 does not apply to federal officials, and therefore, the plaintiff’s claim could not proceed. Lastly, the court held that the APA did not grant judicial review of the Navy’s decision on the administrative claim, as the Military Claims Act bars judicial review of military claim decisions except under limited circumstances, none of which applied here.
Consequently, the court granted the defendant’s motion to dismiss due to lack of subject matter jurisdiction.
Confer with a Seasoned Baltimore Medical Malpractice Lawyer
If you lost a loved one due to inadequate medical care, you have the right to seek compensation against the responsible parties, and it is advisable to confer with an attorney regarding your potential claims. The seasoned Baltimore medical malpractice attorneys at Arfaa Law Group understand the devastation preventable medical errors can cause, and if you hire us, we will advocate aggressively on your behalf. You can reach us via our online form or by calling us at (410) 889-1850 to arrange a meeting.