Air Force Veteran Sues for Medical Malpractice; Kingston Lawyer Discusses

John Fisher
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Stopping Medical Injustice

It is always hard to learn about cases of medical malpractice—always.  Some factors make it particularly difficult to handle, such as cases of children.  A case that I just read about is even worse—a United States Air Force veteran. 

When we think about veterans of our military branches and medical malpractice, we of course think about it in the context of war injuries.  In these circumstances, doctors are afforded a bit of leniency if a soldier comes in with injuries from war through the emergency doctrine. In these situations and because of the exigency of the circumstances, the doctor can only ask as best they can under these temporal requirements and limited information.  Another protection is the Feres Doctrine which prohibits the US government from being sued by members of the various military branches for negligence.

But in this case it was different.  It was not actually an emergency situation resulting from war; this is what makes me most angry.  In this case, an air force soldier underwent a routine and normal gallbladder operation.  However, surgeons accidently injured and an aorta in the patient’s body at the very beginning over the operation.  This resulted in a significant loss of blood flow to the patient’s legs during the entire operation.  Because of the length of the operation and no blood flow to the patient’s legs, the patient’s legs ended up needing to be AMPUTATED!  That is right—after this routine operation for a gallbladder, the airman lost both his legs.  Not through serving his county in combat, but on the operating table for a simple operation!

Now a veteran, the patient is suing for the medical malpractice of the surgeons in addition to pain and suffering, physical impairment, loss of earnings, mental anguish, disfigurement, and his wife is suing also for consortium.  In total, the patient is seeking approximately $34 million dollars.

This case is upsetting that someone willing to loss their life for this country just became seriously harmed by his own government who he made this oath to.  Again, this case was just filed and there are no findings of fact or negligence yet, but this is just an account of the applicable facts.

But what do you think?  I would love to hear from you!  I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] .  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at
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