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AS OF JANUARY 1, 2020, MILITARY SERVICE MEMBERS CAN BRING MEDICAL MALPRACTICE CLAIMS AGAINST NEGLIGENT MILITARY DOCTORS©
By Attorney Kevin R. Madison, J.D., E.M.T.
On December 19, 2019, President Trump signed the National Defense Authorization Act. This landmark legislation overrules the US Supreme Court decision in Feres vs. United States that had barred, for 70 years, active duty military service members from suing military doctors for medical malpractice.
Prior to Congress passing the National Defense Authorization Act 2020, active duty military personnel were not allowed to sue the Federal Government or Military Doctors if they were injured, disabled or died as a result of medical malpractice while serving their country, on active duty.
In 1950, the U.S. Supreme Court issued a “land-mine” opinion in Feres v. United States, when it held armed service members had no legal right to make legal medical malpractice claims under the Federal Tort Claims Act for physical injuries. The Court stated “the relationship between the Government and members of its armed forces is ‘distinctively federal in character,’” and that the federal government did not “create a new cause of action dependent on local law for service-connected injuries or death due to negligence.”
This case, known commonly as the “Feres Doctrine” has precluded and barred active duty military service members and their family members from being able to sue military doctors for medical malpractice and even gross medical malpractice, even in cases where an inept military doctor removed the wrong organ, caused injury, permanent disability, or even the death of a soldier patient. This right to sue grossly incompetent doctors who maim or kill their patients is a right that all US citizens have but was denied to active duty military service members.
The protections afforded (by the Feres Doctrine) to incompetent and dangerous doctors who practiced in military hospitals used to attract these substandard physicians who had been repeatedly sued, reprimanded by state medical licensing boards, and barred from private hospitals. These incompetent doctors, who had been run out of the private sector, had a”green light” to practice in military hospitals without fear of any legal consequences. Soldiers who were injured, maimed, or killed as a result of medical malpractice, by military doctors, could not sue them. The military hospitals became “safe havens” for incompetent physicians and surgeons.*
The National Defense Authorization Act 2020 became effective on January 1, 2020. Now military service members are allowed to bring medical malpractice claims against Department of Defense doctors and other health care providers, thus, finally affording them the same rights the public at large has enjoyed for years. The new law, however, does not allow service members to sue military hospitals (run by federal government), but at least they can assert claims against dangerous and incompetent Department of Defense doctors.
*I am an EMT and have served without pay as a volunteer firefighter and EMT for over 12 years. My wife is a RN and served in the US Army for 6 years. My father, Dr. Leonard Madison, MD. Served in the Army-Air Force during WWII. After the war, he served for 50 years as a physician and professor of medicine at UT Southwestern Medical School and the Dallas VA Hospital. I would also add that this article’s reference to inept doctors and health care providers is by no means a reflection on the majority of fine doctors and nurses serving in military medical facilities throughout the world. We should honor and cherish them. Incompetent military doctors, who endanger our active duty members of our military, should be drummed out.
If you or a loved one in the military feel you may have a medical malpractice claim, please contact my law firm for a free consultation. We respond to all emails and calls 7 days a week. All cases are handled on a percentage fee basis contingent upon obtaining a recovery for our clients. If we do not obtain a settlement for our clients, they don’t pay us a penny. No hourly fees, no cash retainer. Free consultation via telephone and email. We handle cases throughout Texas and can refer and/or work jointly on cases throughout the US. Tel: (512) 708-1650 or email: email@example.com.
Just settled a case against a Church Minister in Houston for sexually exploiting a member of his congregation. Case settled for $50,000. My law firm has successfully settled dozens and dozens of Sexual Exploitation cases against Doctors, Psychiatrists, Family Therapists, Ministers, Rabbis, and Priests, similar to this. All of our sexual exploitation, sexual abuse, and sexual harassment cases are handled on a contingency fee basis. If we obtain a settlement for our client then we are paid a percentage of that settlement. If we are unable to obtain a settlement, our clients don’t pay us a penny. In short, our attorney’s fees are paid by the defendants. There are no retainer fees or hourly fees. Call or email us for a free confidential consultation. Call (512) 708-1650 or email me at firstname.lastname@example.org. We accept cases throughout the State of Texas and Tennessee. www.kevinmadison.com.
Settlement Against Former Bodyguard of Charlie Sheen
Texas Crime Victim Attorney Kevin Madison has settled an assault case against a former bodyguard of Charlie Sheen. Defendant assaulted Plaintiff after an altercation regarding a traffic situation in Austin, Texas. My law firm has successfully settled over a hundred assault cases just like this. All cases are handled on a percentage contingency fee. We are not paid anything unless we obtain a settlement for our clients. Call for a free confidential consultation: (512) 708-1650. We accept cases throughout the State of Texas. www.kevinmadison.com.
Check out my You Tube video on what patients should do when they are sexually molested or exploited by their doctors, psychiatrists, or therapists. We also sue lawyers, priests, and others who abuse their positions of trust in our community and prey on women and men.
JANE DOE VS SID JOHNSON
TRAVIS COUNTY COURT AT LAW #2
On August 27 I tried a case in front of Travis County Court at Law Judge Shepperd. Case was against an Austin Child Protective Services (CPS) Investigator who had been sexually harassing a woman he was “investigating” on very thin allegations.
We alleged and proved that defendant made lewd statements to her during a home visit and texted her a disgusting lewd pornographic photo from his personal cell phone.
Judge Shepperd found that we had proven our allegations by a preponderance of the evidence and awarded a judgment for $50,000 for actual and punitive damages for my client.
Child Protective Services terminated this man as an employee as well.
Attorney Stephen Stewart and I represented the first victim to sue Dr. Charles Fischer, the Austin State Hospital Psychiatrist who was convicted of multiple counts of Indecency with a Child By Contact and Indecency with a Child By Exposure. This morning Judge Jan Soifer signed a judgment for our client (granting our Motion for Summary Judgment) and against Dr. Fischer for $750,000! Stephen did a spectacular job on our motion for summary judgment.
My office handles cases involving Sexual Exploitation of Patients against Doctors, Psychiatrists, Psychologists, Counselors, Clergy as well as cases against Attorneys who molest or sexually abuse their clients, throughout the State of Texas.
Attorney Kevin R. Madison- Former Police Chief and Former Assistant District Attorney of Travis County
I handle cases against doctors, therapists, psychiatrists, and psychologists and attorneys, throughout Texas, who violate their moral, ethical, and legal duties to their patients and clients by committing Sexual Exploitation. This criminal case against a San Antonio lawyer just concluded the guilt-innocence phase yesterday. Defendant lawyer was found guilty on all 6 counts. What is even more striking is that the District Attorney’s Office prosecuted the attorney as a sex trafficker which means he could face 25 years to 99 years in prison rather than a simple misdemeanor jail sentence for prostitution. I have attached the link to this criminal case report, below.
Even if Your Employer is not Subject to the EEOC You May Still Have a Claim!
What can you do if you are the target of unwanted sexual advances or groping by your employer and you work for a sole proprietor or a small business? A business that clearly does not fall within the jurisdiction of the federal or state Equal Employment Opportunity Commission (EEOC) administrative agencies that pursue sexual harassment claims against employers who have 15 or more full-time employees. I receive several calls a month from women who have been groped or relentlessly harassed by their boss at small businesses or sole proprietorships.
Many of these women have been turned away by EEOC sexual harassment law attorneys after being told, “I’m sorry, we can’t take your case because your employer has less than 15 full-time employees, so you can’t assert a EEOC claim against them.” This is a very sad situation because many of these women have unnecessarily waived their legal right to assert a claim against a predatory employer, after being told that they had no right to assert a sexual harassment claim under the EEOC laws. Many of these egregious acts of harassment, assaults, and even sexual assaults are being committed by the owner of these businesses. No matter what size entity you work for, you have the legal right to sue an individual personally for assault, groping, or repeated lewd and lascivious behavior that borders on intentional and extreme outrageous conduct!
At my law firm, we do not handle cases that are subject to the strict rules and regulations of the Equal Employment Opportunity Commission (EEOC). We pursue sexual harassment cases against directly against the individuals who commit these atrocious acts- the business owners and high-level supervisors. We utilize long-standing state laws that prohibit unwelcome touching (“assault by contact”) and outrageous conduct that causes serious emotional distress (“intentional infliction of emotional distress”), rather than using federal Equal Employment Opportunity laws that prohibit sexual harassment. In cases that involve groping, touching, or outrageous intentional lewd conduct, we can file civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue those who sexually harass their employees.
Here’s a question I hear a lot from prospective clients, “Do I have to use my real name if we file a lawsuit?” The answer is, “no.” In many cases, when we file lawsuits involving perpetrators for sexual assaults, we use using a pseudonym, such as “Jane Doe” instead of using the client’s real name, to protect their identity.
All calls or emails are held in the strictest of confidence. I have a female R.N. on staff to accommodate women who are more comfortable speaking with another woman. All cases that we accept are accepted on a percentage fee basis- there is never a retainer or hourly fee. If we are unable to obtain a settlement for a client, the client does not pay us a penny for our time or costs.
Please call for a consultation (512-708-1650) or email me (email@example.com) for an appointment or free confidential telephone consultation. Also, please check out my website at https://texassexualharassmentattorney.com.
Attorney Kevin R. Madison