The AAJ, citing the Pittsburgh Tribune-Review, reported today that ” The House Judiciary Committee has approved a bill to give active duty members of the military the right to file medical malpractice suits against the government. In a 14-12 vote along strict party lines, the Democratic controlled panel Wednesday sent the bill to the full House where supporters contend the measure to repeal the so-called Feres Doctrine stands a good chance of winning approval. Rep. Steve Cohen (D-NY), whose subcommittee backed the bill, said eliminating the lawsuit ban was a question of fundamental fairness. “
Serious Injury Threshold Motion Does Not Necessarily Require Doctor’s Affirmation.
December 20, 2013
In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.