Comment on Court reinstates lawsuit over Marine's suicide

Court reinstates lawsuit over Marine's suicide

(AP) — The family of a Marine who killed himself after a tour of duty in Iraq will be allowed to proceed with a lawsuit against the federal government over his treatment by two Veterans Affairs facilities in Kentucky. Anestis' family claimed the VA was negligent when it turned away the Marine at two VA hospitals in Lexington when he sought a mental health evaluation and treatment. Attorneys for the VA argued that the law shields the agency from lawsuits because its policies allow limited discretion for employees to determine whether a patient was in an emergency state. "The determination of a health care professional or an intake clerk as to the emergency state of a patient would not involve a consideration of public policy, but rather, only a consideration of the patient's health, and the discretionary function exception is designed to protect only the public policy considerations," McKeague wrote. The case of Anestis is unusual, with the U.S.

 

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