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.
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.