Smith v. U.S. (U.S. Court of Appeals, 11th Circuit, July 29, 2021): The 11th Circuit Court of Appeals found that the Veterans’ Judicial Review Act (VJRA) did not block a patient’s medical negligence claim. The plaintiff, a veteran, claimed that Veteran Health Affairs doctors failed to properly diagnose and treat his throat cancer. However, the federal trial court held that this claim could not be heard because VJRA, 38 U.S.C. § 511(a), prevents courts from reviewing agency decisions regarding the provision of veteran health benefits. The 11th Circuit disagreed, reviving the patient’s claim. Whether a doctor met her duty of care when treating a patient is separate from the agency’s decision whether to provide benefits. Read the decision here.
View all cases in the Judicial Trends in Public Health – August 16, 2021.
View all cases under “Mitigating The Incidence & Severity of Injuries & Other Harms.”