Asked in Personal Injury and Military Law for Kansas

Q: Can a Colonel ignore a soldiers doctors orders?

Deployed in Korea. Soldier was injured Jan. 20th during PT, he sustained an ACL tear, MCL tear, medial meniscus bucket handle tear, lateral meniscus posterior root tear, and an LCL strain. He was seen by 2 military doctors who said that he needs to have surgery back home, he will have to keep the leg straight for a month. The higher ups said they were sending him home to have the surgery, but have been giving him the run around as to when he's leaving. 17 days since the injury, no one is telling him anything other than its still waiting to be approved by the Colonel who has had the documents and letters from the soldiers doctors since the injury occurred. What can be done in a legal sense? The soldier just wants to get back to work, he's on crutches now.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: The Colonel isn't "delaying" he is "deliberating." You know how the army works--he needs to get with either a lt or captain that maybe can nudge the adjutant to put the papers under the colonel's nose. Legal way for an enlisted guy to give the bird to a bird? Not in the next few millenia! Maybe in the Finnish Army but that's about it!

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