A recent AAJ article reports that a petition is pending requesting that the Supreme Court allow active duty military personnel to sue the government. Petty Officer Nathan Hafterson died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing. His attorneys state that it would put military members on the same footing as civilians under the Federal Tort Claims Act. This malpractice action was denied by the lower courts because a federal law (known as the Feres doctrine) prohibits active military members from suing the US government.
No-Fault Providers Need Not Bill After a Denial
December 16, 2014
In State Farm v. Domotor 266 A.D.2d 219 (2nd Dept. 1999) the court held that after the no-fault carrier issues a denial of payment there is no need for the medical provider to send bills to the carrier. After the denial the provider can later litigate or arbitrate
