Military medical errors, malpractice immune to redress

April 20, 2008
Military medical errors, malpractice immune to redress

Medical personnel at David Grant Medical Center at Travis Air Force Base screamed at one another. A double dose of a powerful stimulant was mistakenly administered. When a breathing tube was finally inserted, it was misdirected. By the time a breathing tube finally was inserted correctly, Witt had devastating brain damage. Three months later, he was removed from life support and died. Witt, who grew up in Oroville, Calif., left behind a wife and two children, including a 4-month-old son.

Despite the report's harsh criticism of Witt's medical care, the bereaved family could not sue for malpractice, because Witt was an active-duty airman. Under limits stemming from an obscure Supreme Court ruling nearly 60 years old, military hospitals and their staffs are immune from malpractice claims - even for the most egregious lapses - if the victim is an enlisted man or woman on active duty.