and Florida law

(and thus the Navy, and thus the United States), arguing that the military medical staff, doctors and nurses, had failed to properly treat her. After denying the material allegations of the Germans' complaint, Justice Department lawyers promptly moved to dismiss the case. You don't need to see any evidence of the Germans' claims, the U.S. told the judge, because under the Tort Claims Act, the Feres doctrine, and Florida law, Jimmy German cannot continue with those claims. To rule otherwise, the feds warned the judge, would lead to this: Thus, permitting a service member to maintain a wrongful death action arising from injuries sustained by a dependent due to medical negligence, would require military medical personnel to provide testimony as to the decisions and actions of fellow military medical personnel. Therefore, if this suit is permitted,[link widoczny dla zalogowanych], this court would be required to second-guess or call into question the medical choices or decisions of the military medical personnel who provided care to Mrs

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