Even though joining the military means putting a lot of time and physical activity into their work, those on active duty should still get the chance to raise a family. They can retain responsibility for their country while still caring for their loved ones.
Unfortunately, failed childbirths are often a common form of military malpractice. Over the years there have been numerous surgical mistakes that have resulted in the deaths of many mothers and their unborn children. Even with medical advancements and in increase in awareness of military medical malpractice in the news, it still happens in Texas and surrounding states to this day.
Difficulties with Feres
A 2015 article by Military Times highlights the frequent problems military mothers have had with the system and how they struggle to get compensation for the mistakes of the military and their respective hospitals. One of the stories features an Army Specialist who performed all her duties during her pregnancy due to the commands of her superior officer. Prior to this, her doctor warned her to take it easy and change her schedule. Her newborn son died under an hour after he came out.
She and her husband sued the military for work negligence, but the federal court sided with the Army after citing the Feres doctrine. This 1950 Supreme Court decision prevents service members on active duty from acquiring coverage from the federal government for injuries. It has been repeatedly challenged in the last decade by service members and their families who suffer from medical malpractice in military hospitals, but still remains in effect nearly seven decades after it was made.
Many women are at risk
The challenges to the Feres doctrine can be as recent as last month, where the husband of a Navy Lieutenant plans to take his issues with the ruling to the Supreme Court. The Lieutenant bled to death within hours after giving birth to her daughter from what the husband claims to be “botched medical care.” The Texas Senate’s recent decision to allow doctors to withhold information from pregnant woman about their child’s condition is not making the situation any easier for expecting military mothers.
Many failed childbirths in military hospitals have robbed honorable women and their children of their lives or gave them avoidable disabilities. Families have been torn apart by their mistakes. Though a number of families have struggled in seeking justice for the injuries or wrongful death of a loved one, it is not impossible to acquire compensation for the hospital’s negligence. An experienced attorney can help you with financial recovery for any birth injuries you or a loved one receive from a military hospital.
