In a unanimous US Supreme Court decision, a military veteran will be allowed to bring a medical malpractice lawsuit against the United States. Citing the federal Gonzalez Act, the justices agreed with Steven Alan Levin who alleged in his malpractice lawsuit that he became concerned about the operating room equipment and withdrew consent just before the 2003 surgery at the U.S. Naval Hospital in Guam. According to Levin, the surgery has damaged his vision.
This is a significant decision in that as the The American Bar Association Journal reports that the Supreme Court ruled that the Federal Government has no immunity and Levin’s lawsuit is allowed under “the federal Gonzalez Act, which governs suits for medical malpractice by medical personnel of the armed forces” which “overrides the government’s immunity from suits for battery and other intentional torts.”
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