Malpractice with the FAA

[AlexInOH]

Are FAA doctors, not AMEs as in OKC, sheltered from malpractice lawsuits via medical boards or civil matters? I have a situation where it appears there is some major issues and just wanted to see if its for not.

Thanks,
Alex

 

[JCranford]

"...for naught."

But thats neither here nor there. I have no idea, but I bet suing the FAA will result in some 'difficulties' with your certifications.

 

[benyflyguy]

Doctors are boarded by the their respective state. The also work with other agencies such as the FAA.
They hold malpractice insurance no matter who they work for.
It is possible that if they “miss” something during their exam that lead to harm then yes. Example would be a someone getting an EKG from their AME and person is clearly in afib but it’s read wrong to be sinus and it gets missed and you stroke out and they go back and see that you had an abnormal ekg that was never picked up. Something that egregious.
Any more details???

 

[PaulS]

The docs in OKC working for the FAA, not doing exams, don't practice, they judge. In other words they evaluate your case and decide if you meet the criteria set forth in the FAA regs that say you are safe to aviate. I can't see that a medical candidate, whose record is being evaluated by the FAA, has any grounds to file malpractice because that doc is not caring for you. Pretty sure there is an appeal process that can go to some type of court if you feel you have been wrongly denied. That is your remedy.

Signed,
Some Guy On The Internet.

 

[bflynn]

Doctors are boarded by the their respective state. The also work with other agencies such as the FAA.
They hold malpractice insurance no matter who they work for.
It is possible that if they “miss” something during their exam that lead to harm then yes. Example would be a someone getting an EKG from their AME and person is clearly in afib but it’s read wrong to be sinus and it gets missed and you stroke out and they go back and see that you had an abnormal ekg that was never picked up. Something that egregious.
Any more details???

Which is why doctors don't read EKGs anymore. Even my cardiologist doesn't read EKGs, his malpractice insurance won't cover him to do it. He actually has to hire a specialist who does nothing but interpret EKG results.

If you're wondering why medical costs are so high in the US, here it is. There are more and more people getting involved with your healthcare and all of them have to get paid. By the time I was done with my last routine EKG check to monitor a stenosis, close to 35 people across 9 businesses had been involved...AND THERE IS NOTHING WRONG. Why so many? Malpractice limits what a company can do, so everyone is outsourcing to someone else. Like I said, all of them have to get paid.

 

[flyingron]

The doctor is not in practice (at least with respect to you). Perhaps if they are negligent in their job, their employer (the FAA) might have some recourse. As far as your ability to sue them, you're pretty limited by federal law.

It's a good thing they aren't providing any medical service, because they are incompetent at doing that. I'd be in deep medical straights if I had based any course of action on the failures that the reviewers of my medical committed.

 

[Kristin]

Malpractice won't fly because they are not treating you. Someone who is wrongfully denied a medical certificate can sue to have it issued, provided that they have exhausted all their federal appeal options. While one might sue to force the FAA to issue a medical, suing for damages would be extremely difficult as the federal government is shielded from sues for when its officials are merely exercising their discretion, even if that discretion is proved faulty. You would have to prove some legal of malice, etc, to get past the discretionary function exception to the Federal Tort Claims Act. Suing to force the FAA to provide a medical certificate would be a tough one to win. The courts are going to tend to defer to the FAA, and the regulations are what they are, even if wrong-headed and old-fashioned at times.

 

[Lindberg]

As others have said, the guy in OKC is not your doctor, so he can't really commit malpractice. As an agent of the sovereign, he's also generally immune from suit unless an exception applies.

 

[RJM62]

My guess would be only the Federal Air Surgeon, only as allowed under the Federal Tort Claims Act, and only in the case of a Special Issuance holder who augered because the issuance was so profoundly ill-advised as to be wrongful and tortious.

The rest of the docs are not making any diagnoses or findings of fitness. They are merely evaluating the extent to which an applicant's test results or other health factors conform to or deviate from an arbitrary set of standards. They are using medical knowledge, but they are not practicing medicine; and therefore they cannot be sued for malpractice of medicine.

The Federal Air Surgeon, on the other hand, is in fact making a finding that the airman, despite not meeting the arbitrary standards, is capable of safely exercising flight-related privileges. If that finding was so profoundly defective as to be tortious, and if injury and damages resulted, I suppose the plaintiff or their estate could file a claim under the FTCA; and if that claim were denied, I suppose they could file a lawsuit. I also suppose that they would lose.

I am not a lawyer, and the above is just a guess.

Rich

 

[bbchien]

Are FAA doctors, not AMEs as in OKC, sheltered from malpractice lawsuits via medical boards or civil matters? I have a situation where it appears there is some major issues and just wanted to see if its for not.

Thanks,
Alex

No care relationship exists. So no Tort exists.

And as to the Federal Air Surgeon, he makes judgements on behalf of the United States of America. So the full force of the United States of America is behind the response to any suit. Last I counted there were 21 Contracted external federal cardiology consultants.... all top notch guys.

Good luck with where you're going.


Better just to realize that congress gave the sky to the FAA, it's THEIR ball, so play by THEIR rules.

 

[AlexInOH]

No care relationship exists. So no Tort exists.

And as to the Federal Air Surgeon, he makes judgements on behalf of the United States of America. So the full force of the United States of America is behind the response to any suit. Last I counted there were 21 Contracted external federal cardiology consultants.... all top notch guys.

Goo luck with where you'r going.


Better just to realize that congress gave the sky to the FAA, it's THEIR ball, so paly by THEIR rules.

What about going after them where they hold their board certificate, I am not looking for a payout however I did have damages and dont think this doctor should get a free pass for his actions.

 

[Clip4]

Malpractice won't fly because they are not treating you. Someone who is wrongfully denied a medical certificate can sue to have it issued, provided that they have exhausted all their federal appeal options. While one might sue to force the FAA to issue a medical, suing for damages would be extremely difficult as the federal government is shielded from sues for when its officials are merely exercising their discretion, even if that discretion is proved faulty. You would have to prove some legal of malice, etc, to get past the discretionary function exception to the Federal Tort Claims Act. Suing to force the FAA to provide a medical certificate would be a tough one to win. The courts are going to tend to defer to the FAA, and the regulations are what they are, even if wrong-headed and old-fashioned at times.

While I agree, failure to diagnose is cause for a malpractice claim and you are presenting for an examination.

 

[bbchien]

While I agree, failure to diagnose is cause for a malpractice claim and you are presenting for an examination.

The AME exam is an occupational evaluation, an investigation of your abilities to exercise duties of PIC. I think you need the read the medxpress notices, the pages everyone just clicks “yes” on.....Next time in there, read carefully!

lots of precedent, too.

BASIC is More of what you are thinking, doc.

 

[jstone]

If the faa “doctor” has legitimately done something wrong then you can file a complaint with the state medical licensure/board. The state needs to investigate the complaint and nothing may happen as a result of this but it will cause a major headache for said doctor.

 

[Jeff Oslick]

The only place I can see where a claim might exist is if the FAA doc required a test that was not in accordance with the FAA Aeromedical requirements, the test was contrary to normal protocols, and that test resulted in harm. A government employee knowingly stepping outside of their own rules is pretty much the only time you can get them in trouble.

 

[Lindberg]

What about going after them where they hold their board certificate, I am not looking for a payout however I did have damages and dont think this doctor should get a free pass for his actions.

If you want a more specific answer than what you've gotten, you're going to have to ask a more specific question. If you don't want to tell us what happened, you should consult with an attorney licensed in Ohio.

 

[bbchien]

The FAA cannot tell you what tests to get for healthcare. they can however tell you what they need to make a decision, however....whether to obtain said testing is up to you....Nobody is telling you that any of that will "Make you better" so it is not healthcare!

 

[AeroLudite]

The only area that I’m familiar with to which they have legal exposure is in regards to HIPPA. (Health Information and Patient Protection Act).

In 2005 I had to get a SI. After 18mos, they had lost my application(s) 3 times!
Finally, my best friend who wanted me flying for his company got involved.
After inquisitive phone calls from 2 sitting Senators and the principal attorney of the firm that Delta Airlines had on retainer to the FAA administrator and director of Aeromedical section; I got phone calls from both....
10days later, a SI miraculously got delivered to my mail box...
A lot of mention of HIPPA got their attention.

didn’t help much though. Over past 15yrs, they’ve “lost” my records (application) 11 times. Me and my AME just expect, and anticipate such.
In my public service career, I’d expect to get fired for such incompetence, the First time. Not so with FAA....

 

[wjdavid]

Are FAA doctors, not AMEs as in OKC, sheltered from malpractice lawsuits via medical boards or civil matters? I have a situation where it appears there is some major issues and just wanted to see if its for not.

Thanks,
Alex

Alex, I just read this old thread and was wondering if the issue with the FAA ever got resolved?

Bill

 

[FrankBravo]

You won’t get paid

From what I remember, and this is very old info and third party, the only way to remotely come after one would be through the state license board where they are licensed, still a long shot


Calling your senator does have a good track record

 

[Jim_R]

The only area that I’m familiar with to which they have legal exposure is in regards to HIPPA. (Health Information and Patient Protection Act).

Possibly not as familiar with it as you think? It's HIPAA, the Health Insurance Portability and Accountability Act.

(Edit: Just noticed this is a necropost...)

 

[Salty]

Possibly not as familiar with it as you think? It's HIPAA, the Health Insurance Portability and Accountability Act.

(Edit: Just noticed this is a necropost...)

Yup. The government is explicitly excluded from hipaa and can violate you however they want.

 

[bbchien]

Alex, what are you attempting to accomplish here? The agency's charge is "airspace safety" and their authority is codified in the Pilot's bill of rights act, 2008, and 2009. They aren't practicing anything. A doctor patient treatment relationship would be necessary.


(....and, usually axe grinding isn't productive.....)

 

[nauga]

The government is explicitly excluded from hipaa and can violate you however they want.

WITH did you get that? "The government" as a whole is not excluded from HIPAA. e.g. "[C]ertain government programs that pay for health care, such as Medicare and Medicaid" are explicitly *bound* by HIPAA laws, per The Department of Health & Human Services.

Nauga,
who knows it's bad, but not this bad