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.
Fourth Department Holds No Video Allowed For “NPE”
May 7, 2013
In Flores v. Vescera, (4th Dept. April 2013) the plaintiff appealed from a protective order that denied her demand to videotape a neuropsychological evaluation (NPE). The Curt held that there is no express statutory authority to videotape medical examinations and that videotaping has not been allowed in the