This week you must review the readings on writing office memos. You will then research and write a second office memo, which is also relevant to your final assignment in this class. Note that there are an Army Regulation and an Army Pamphlet attached below, both of which you will need for this assignment and for the week 8 assignment (you could also access them using the Code of Federal Regulations (CFR) in LexisNexis). Additionally, you must locate 28 U.S.C.S. §§ 2671-2680 (LexisNexis 2016) using the APUS Library’s LexisNexis Database. If you use a different source to locate it, your citation of course will not be to LexisNexis.
Now, please read this Memo sent to you by the Senior Partner in your law firm, Plentibux & Moore:
Memo to: Jack Starr, Paralegal
Subject: Memorandum on Virginia Medical Malpractice Law and Federal Tort Claims Act Administrative process in the Army
I just met with our new clients, the Hooah Family. The Hooahs were the victims of an unfortunate string of circumstances. While driving down I-95, their minivan was struck by a semi-tractor trailer. Both Sergeant First Class (SFC) “Iron Mike” Hooah (U.S. Army) and Sergeant (SGT) Ima Hooah (U.S. Army), who was pregnant with their child, suffered injuries and were taken to the nearest hospital, the Army hospital at Fort Ekman, Virginia, for emergency care.
Unfortunately, during the emergency surgery on SFC Hooah, the Army doctors inadvertently left surgical sponges in SFC Hooah’s stomach causing severe abdominal pain, rectal bleeding, and, inexplicably, trench foot. The Hooah’s tragedy was made all the worse when a nerve in SGT Ima Hooah’s right foot was severed, causing her severe pain and a permanent limp. Finally, the Hooah’s unborn child suffered adverse effects from the general anesthesia, which improperly administered to Ima Hooah. The unborn child will likely suffer permanent brain damage as a result of the anesthesia.
Although I am comfortable with the civilian medical malpractice procedures, the Federal Tort Claims Act and the procedures to file suit against the Army are foreign to me. I need to know what process we need to follow in pursuing a cause of action against the Army, the details of the Army’s administrative process, what law will apply in any possible action against the Army, and in what court we would file suit.
Draft an office memorandum, using the same format you have used for the previous memo in this class. As I said above, Army Regulation (AR) 27-20 and Department of the Army Pamphlet (DA PAM) 27-162 in the “Resources” section of the classroom for your use. Make sure you cite the to relevant regulations and administrative documents, statutes, and case law in your memo. Your answer must not exceed five pages in length. Make sure you use proper Blue Book citation in your memo. Use LexisNexis for your research.
Further, I have attached a copy of the 16th Military Citation Guide, which supplements the Bluebook and tells you how to properly cite these Army sources.
Turn in your office memo as a word document (.doc or .docx file).