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U.S. Supreme Court Refuses to Hear Military Malpractice Case

The U.S. Supreme Court announced today it would not hear the case of Staff Sgt. Dean Witt, who died after a military doctors botched his appendectomy, according to the Stars and Stripes. The Supreme Court’s decision means the Feres Doctrine will remain the law of the land, as it has been since 1950.

Staff Sgt. Dean Witt

Above: Staff Sgt. Dean Witt

As Home Post explained last week, the Feres Doctrine prohibits servicemembers from suing military doctors for malpractice. Witt’s family brought a lawsuit against the government, according to the Stars and Stripes, after a routine surgery left 25-year-old Staff Sgt. Witt in a vegetative state (read more).

Comments

Avatar for user 'LawyerCorruption'

LawyerCorruption | July 8, 2011 at 7:19 a.m. ― 3 years, 4 months ago

Be aware that it also protects the US military from legal malpractice.

While I was on active duty with the US Army, I was threatened by a US Army lawyer named Captain Matthew Fitzgerald to do something which was contrary to the US Army legal regulations (which I did not know at the time but he did). Fitzgerald’s motive was to tout this as his first accomplishment on his annual performance report of which I later got a copy. This threat resulted in my losing over $50,000 of my personal funds.

When I asked the top lawyer (now Lieutenant General Dana Chipman) for assistance, the first thing they did was appoint Fitzgerald’s previous boss and a very obvious friend to “investigate.” Since there was no wrongdoing found as a result of this faux investigation but specifics were protected by the Privacy Act , I filed the same complaint with Fitzgerald’s Oregon State Bar which is NOT PROTECTED under privacy laws. Evidence showed that Fitzgerald lied no less than 10 times to his Oregon State Bar.

It was all thrown out of federal court due to Feres although I had a slam-dunk case with all evidence in my favor. Just to add insult to my financial injury, Fitzgerald got promoted to Major. Feres was NEVER designed 50 years ago to protect against corruption, misdeeds, and cover-ups by US Army lawyers. Today it protects against everything.

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