Military Medical Malpractice

The Military and Medical Malpractice Page 2

The Military and Medical Malpractice

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The Military and Medical Malpractice Page 2

Department of Defense , DOD , directive 6000 .6 , issued July 2 , 2004 by then Secretary of Defense Paul Wolfowitz holds all DOD healthcare providers harmless from personal tort liability claims from the outcomes of authorized activity . This Directive reissues reference (a ) to establish policy and assign responsibilities under 10 U .S .C . 1089 (f (reference (b ) to provide relief to healthcare providers of

the Department of Defense from certain malpractice personal tort liability claims in connection with their authorized activities (DODD 6000 .6

There is no of what exceptions may apply to 10 U .S .C 1089 (f (reference (b , where the phrase from certain malpractice personal tort liability claims in connection with their authorized activities ' appears . There is no definition of what exceptions apply , nor does the directive prevent liability claims for malpractice The wording indicates a shield exists against litigation for physicians under authorized activity . However , the certain malpractice ' clause does give place to litigation in situations that no clear conscience could deny apparently . Section 4 .1 includes the authority to provide for reasonable attorney 's fees in relation to tort claims and litigation seeking such damages . However , the discretionary feature gives place to wondering how resolute the defense department is in enforcing the directive

To hold physicians harmless from medical malpractice litigation for activities under

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government authority has not rested without controversy as a public policy . In an article by Philip M . Boffey of the New York TIMES he cites A proposed law that allow military personnel to sue the Government for medical malpractice would undermine military morale and discipline but would do little to improve the quality of medical care officials of the Reagan Administrtion said today . Officials of the Justice and Defense Department told a House subcommittee that there was already a no-fault compensation plan for military personnel and that permitting malpractice litigation would foster divisiveness in a military system that requires cooperation and obedience (Philip M Boffey , New York TIMES

Opinions opposing the call to dismantle DODD 6000 .6 appeal to scare tactics and a lack of simple reason . There is no evidence to suggest a repeal would compromise the military 's ability to provide medical care with confidence . Being aware of the potential consequence of carelessness or performing tasks that are beyond a physician 's expertise would be a deterrent to medical malpractice . Employing the argument that discarding the directive would compromise cooperation and obedience in the military is disingenuous . By creating an atmosphere that obfuscates people from seeking remedies for medical malfeasance places them in a position where they are liable to be treated as chattel . When voices are muted the results of inept medical practice can be quietly swept away without penalty

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In Pollard v . United States , 2006 U .S...