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#1
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Miltary Hospital MalpracticeWhat is the name of your state? I am reseaching for a friend of mine, who was Ill with High BloodPressure while TDY in Japan. He was Medically evacuated 2 weeks later, back to Korea where we work as Invited Contractors. On the day of his return there he was discharged with some medication. He was seen several times and roughly a week later had a total of four strokes and is now on rehabilitaion to walk and use of his left arm. In short, later the doctor called him and said he later identified why he was having High Blood Pressure, but was too late. In his interest the total time of tests ie blood, urine, ect.. was over a month prior to his Strokes. If they would have identified his problem, he would have been admitted until they had reduced the risk of a stroke. The primary question is can he as a civilian pursue a malpractice suit against a military doctor? |
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#2
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| Yes. The military undertook to treat him and assumed the responsibility. He should see a lawyer soon. He will have a jurisdictional problem, and he needs a lawyer with experience not only in medical malpractice, but in laws in other countries. While our military is subject to the laws of this country, they may claim that in Japan they are subject to some laws there, because the patient was a civilian. That will have to be sorted out before a successful medical malpractice case can be handled. |
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#3
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What State to Use for LawyerThanks for the info. My next question is , what should he do as far as a lawyer, should he use his home of record in the US and get one from that state? |
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#4
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| Generally the defendant's place of business or residence is the location of the lawsuit. I am not certain about the military, and your lawyer will have to figure out where to file his complaint. My guess is that it will be at the headquarters of the military command. You should always choose a lawyer within your own State because laws do vary between the States. Even if this will be tried in a U.S. court, your lawyer will depend somewhat on what his jurisdiction calls for. |
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