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A landmark decision by the Supreme Court on March 4th has made it legal for patients to sue military doctors for battery claims.
The Supreme Court ruled in Levin v. United States that a suit by an individual could go forward against the United States in which the plaintiff alleges that a Navy doctor who was acting within the parameters of his employment conducted medical battery.
War veteran Alan Levin is suing after sustaining injuries from a cataract surgery conducted at the U.S. Naval Hospital in Guam. After signing consent forms to allow the doctor to carry out the surgery, Levin claims that he withdrew his consent twice verbally before the start of the surgery because of his concerns with the equipment present in the operating room.
The Navy physician however carried on with the operation, which eventually led to complications resulting in Levin developing corneal edema; a condition that left him with physical irritation and reduced visibility. Levin’s claim stems from his alleged verbal withdrawal of his consent prior to the procedure.
We will keep you updated on the possible ramifications of this ruling, but for the time being it is substantial, giving citizens the right to sue military doctors for battery claims.
The medical malpractice attorney at Parrish Law Firm, PLLC works with northern Virginia residents who have suffered because of medical negligence and are looking for compensation. Call us today at 703-906-4229 or send us a free case consultation.
