Posted on Mar 18, 2021
SPC Dasan Toney
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So a really good question for all you army guys out there... and tell me what you think!!


So my wife isn't qualified to drive, she is medically disqualified from driving, but she's my wife... and Evans Army Hisptial has issued a lawful order to adhere to my wife's medical conditions and allow her husband(me) to drive her when medically necessary(my wife has multiple medical conditions). We have tried to set up EFMP but they've been taking there sweet Time on it.

If she suffers a bad medical condition that the military should have adhered to, but denies me access to give my wife a ride, and asks for proof that isn't allowed due to the Privacy Act of 1974. Can my wife sue the Military for Medical Malpractice?
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SFC Retention Operations Nco
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The hospital can't issue you a lawful order, they are not your commander.

EFMP takes as long as it takes. It only comes into play when you're getting your next assignment, it has nothing to do with your current assignment or command.

If your chain of command is not allowing you to drive your spouse at all times, that is a command issue. However, your job is to be a Soldier not a personal driver and you will face the same dilemma in the private sector.

Your command can absolutely ask for proof of her condition without violating her privacy. A simple note from the doctor stating her needs will suffice.

There is no legal order here, in fact, nothing about this has anything to do with medicine or malpractice. There are no laws at play here so there is no legal recourse or reason to sue. At best this is a command issue.
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Lt Col Jim Coe
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Edited >1 y ago
I don’t see in your discussion anything saying a medical provider did anything incorrect. It looks like your complaint is with your chain of command not letting you off work to be your wife’s caregiver.

I’m my wife’s full time caregiver. It’s not easy. I retired from a good Army Civilian job to do it. I'm glad I did. Here's my advice to you.

-Forget the lawsuit. A lawsuit sets up an adversarial relationship. You need help, not adversaries.

-Make sure your chain of command, from your team leader to your Commander, understands the situation with your wife. My wife began to need some support during my 5th year of service. For the next 17 years I worked with my chains of command to make sure I could help her when she needed it while still doing the mission.

-It is possible for medical providers to provide proof of your wife's conditions to your chain of command. Your wife needs to ask one practitioner, normally a general practice doctor or nurse practitioner, to provide a statement about her medical condition to your Commander. The statement needs to generally explain her condition, the effect that condition has on her ability to care for herself, and the assistance she needs with essential activities. Once the Commander receives the information, then any other officer or sergeant who "needs proof" can be told, politely, "the Unit Commander has the information from our doctor."

-Ask your chain of command, probably your first sergeant, to help you transfer to a non-combat job where you won't be subject to going to the field or being deployed. There's lots of support MOSs where the Soldiers are often "home for dinner every night." Supply, finance, medical administration, communications and IT at installation level. Your chain of command may be willing to help you get out of the infantry unit for your own good, the benefit of your wife, and the general reduction of hassle for them.

-Look for organizations and charities that can help you and your wife with her transportation and other needs. Where I live there's a bus service operated by the local Community College that provides free rides for people with special needs to medical appointments, grocery stores, etc. There are many organizations associated with various diseases, the MS Society comes to mind, that provide help and support for both people with specific diseases and their families. Reach out to any that might help you.

-Talk with your chaplain or religious leader. You and your wife need spiritual support.
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SFC(P) Stay At Home Dad
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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management

Based on the nature of your question, then no. Because the Medical Provider gave directions that you are to drive her. If it is your command that doesn't give you the time to do that, then this would not fall under medical malpractice, based on my understanding of the definition.
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SPC Dasan Toney
SPC Dasan Toney
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Okay so the suing would be done directly towards the Government??? I cannot legally sue but my wife is a Civilian and under provision or the Army.

So what I am hearing is my wife would have to sue for negligence. Fort Carson seems to give less than a crap about her situation so she tends to take it to extremes
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SPC Dasan Toney
SPC Dasan Toney
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SFC(P) (Join to see) this is all just up in the Air, but I am referring to say not only under medical conditions but as a pregnant woman as well. She can file through MCA, due to a death of a loved one, if per say the Baby was viable but did not make it due to bot making it to appointments because of chain of command
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SFC(P) Stay At Home Dad
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SPC Dasan Toney - This, you would have to speak with a lawyer. Honestly, preferably a civilian lawyer that is experienced in lawsuits against the US Military.
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SFC Intelligence Analyst
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SPC Dasan Toney - From what you've posted, you have no case of medical malpractice.

The only way you can find out if your wife has a case for a lawsuit is to talk to a lawyer that handles civil suits. No one on here can give you legal advice.

But I don't see anything you've stated that is medical malpractice. At all.
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