Can You Sue A Military Hospital For A Staph Infection – The family of patient Solomon Asare-Kumah, who died after being admitted to Military Hospital 37 at the age of 48, has sued the management of the facility for alleged medical negligence.
In the summons filed by the family’s lawyer, the cause of Solomon Asara-Kumah’s death was cited, among other things, as the wrong insertion of the oxygen tube and the malfunctioning of the drill intended for the operation.
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Can You Sue A Military Hospital For A Staph Infection
The mental distress caused by the death of Solomon Asara-Kumah, according to the court, also led to the death of the deceased’s father.
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The family is asking the court for damages in excess of GHS 2 million from the 37 Military Hospital.
Solomon Asare Kumah came to Ghana from the UK in 2019 to visit his sick father, but fell ill himself.
According to the family, a neurosurgeon at Military Hospital 37, whose name was given only as Colonel Appiah, told them that the operation was necessary at the time.
The family said the deceased’s supposed emergency surgery was postponed several times with various excuses, including one time when the neurosurgeon said he was not feeling well and could not perform the surgery.
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“At one point he took my brother to the theater, they gave him anesthesia and everything. After four or five hours, the surgeon sent him back to the ward because he couldn’t do the operation… The second time the operation couldn’t happen, he postponed it again with the excuse that the drill he was going to use didn’t work. So, he was going to buy another one from South Africa,” said the deceased’s brother Emmanuel in an interview on Joy FM in February 2020.
He said his brother was later transferred to the Korle-Bu Teaching Hospital for an inferior vena cava filter procedure that involves placing a mesh in the lower limb to prevent the blood clot from traveling to the heart or lungs after which he was returned to the hospital. 37 Military Hospital.
He said that after the operation he went to visit his brother who had swollen up like a “balloon”.
“If you touched it, it was so soft, like rubber. “I had to calm down because I was so angry,” Emanuel said.
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The hospital said in a statement when the issue went viral in 2020 that it was investigating the matter and would take the necessary action after the investigation.
Problems of medical negligence are very common in Ghana, especially in public health facilities. However, only a few people are often able to take legal action against these health care facilities.
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Troops Can Finally Bring Medical Malpractice Claims Against The Military
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Military Hospital Care Is Questioned; Next, Reprisals
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Military Families Are Still Waiting On Medical Malpractice Claims
Other uncategorized cookies are those that are being analyzed and have not yet been classified into a category. Unscrupulous military medical professionals are warned: do better than our veterans. Anyone injured as a result of military medical malpractice that did not occur in a combat zone can now seek compensation for their injuries.
Signed into law on December 20, 2019, the National Defense Authorization Act of 2020 allows active duty military personnel and their families to file claims for personal injury or wrongful death caused by health care providers. The bill includes a provision called the Stayskal Act that creates a way to hold negligent military medical professionals accountable.
The 2020 NDAA repeals a decades-old ban and creates a path to accountability in military medical malpractice cases. In short, active duty victims and their families will now be able to seek compensation for injuries resulting from medical malpractice that occurred in a military hospital.
However, there are still significant restrictions on when and where a military medical malpractice lawsuit can be filed. These restrictions include the following:
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The Feres Doctrine essentially blocked military members and their families from making such claims. Named after the plaintiff in Feres v. United States, the Supreme Court decision 70 years ago meant that military personnel could not hold the federal government liable for personal injuries.
The Feres doctrine has survived several legal challenges since the Supreme Court’s ruling in 1950. According to that ruling, the United States was not liable for injuries to active duty members under the Federal Tort Claims Act.
In many cases, the Supreme Court has refused to hear cases because it considers the Feres doctrine to be settled law. This long-standing brick wall has, in many cases, deterred active duty and retired military members from even filing medical malpractice lawsuits.
Feres was not overruled, instead, the NDAA provision bypasses the legal aspects of the doctrine directly. The bill was inspired by Sgt. First Class Richard Stayskal.
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Stayskal has terminal stage 4 lung cancer. His diagnosis comes after military doctors told him for years that he had asthma or pneumonia. He didn’t find out about his stage 4 cancer until he saw a civilian pulmonologist.
Stayskal’s cancer is the result of a combat injury in 2004. He was shot in the chest while serving a tour in Iraq. The injury left a significant scar. In January 2017, Stayskal went to Womack Army Medical Center at Fort Bragg. After the scan, the doctor noticed a mass on the right lung. A tumor more than an inch in diameter was present there. Four months later, EMS took Staskal to the ER. He had chest pains, wheezing and dizziness. This time, a pulmonologist at the military hospital evaluated Stayskal and sent him home with a diagnosis of atypical pneumonia.
By that summer, Stayskal was coughing up blood. He was given permission to see a civilian specialist. He received the first correct diagnosis: stage three lung cancer.
Congresswoman Jackie Speier (D-CA) introduced the Stayskal Act. Ultimately, the goal was to create an exemption that allows service members and their families to bring medical malpractice claims under the FTCA. The bill was added to the National Defense Authorization Act of 2020, which helped speed up the process for those seeking redress.
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Victims have two years from the date of injury to file a claim. However, victims seeking compensation in 2020 can file claims for injuries that occurred in 2017.
If you have a military medical malpractice injury that occurred in 2017, it is critical to speak with a military medical attorney as soon as possible. Contact a qualified military medical attorney at the Carlson Law Firm to learn about your next steps.
Because these claims cannot be filed in federal court, people who want to appeal the DOD’s assessment of their case have little or no recourse. Additionally, the Department of Defense has very little institutional experience in handling medical malpractice claims.
Our veterans are the cornerstone of our country. unfortunately,
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