Military Malpractice Bill Passes House Judiciary Committee
October 8, 2009
H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009, would overturn a Supreme Court ruling that excludes service members injured or killed as a result of military medical malpractice from seeking justice. In 1950, the Supreme Court ruled that active duty service members were excluded from the Federal Tort Claims Act, which allows persons to sue the federal government for damages. That decision established what is now known as the “Feres Doctrine.”
“When a family member of an active duty service member is injured or killed by a doctor’s malpractice, they have the right to seek justice through the courts. That’s not the case with someone in uniform, and that is unfair. There is no justification for continuing to deny our active duty service members legal redress under the Federal Tort Claims Act when they are killed or injured as a result of medical malpractice,” Congressman Cohen said.
Earlier this year, as Chairman of the Subcommittee on Commercial and Administrative Law, Congressman Cohen held a hearing on the legislation. Under the bill, the right of service members to seek justice under the 1946 Federal Tort Claim Act would be restored and any amount received by a service member would not affect future veterans’ or other government benefits. The bill also excludes any claim that would arise out of combat activities or battlefield medical care.
Congress gave service members the right to seek justice when it enacted the Federal Tort Claims Act in 1946. The Supreme Court took it away four years later in Feres v. United States. The “Feres doctrine” has been the subject of criticism within the Supreme Court itself, even though the ruling has stood for almost 60 years. Current Justices John Paul Stevens and Antonin Scalia have both condemned it – Justice Scalia has gone so far as to say that, “Feres was wrongly decided.” Last year, the American Bar Association weighed in with an unopposed resolution urging Congress to repeal the Feres doctrine.
The “Carmelo Rodriguez Military Medical Accountability Act of 2009”, is named after the late Sgt. Carmelo Rodriguez of Ellenville, New York, an Iraq War veteran, who died of skin cancer in 2007 at age 29. Sgt. Rodriguez's cancer was misdiagnosed as a boil, birthmark and wart by a string of military physicians. His family had no way of holding the military medical personnel accountable for their malpractice.
“When a family member of an active duty service member is injured or killed by a doctor’s malpractice, they have the right to seek justice through the courts. That’s not the case with someone in uniform, and that is unfair. There is no justification for continuing to deny our active duty service members legal redress under the Federal Tort Claims Act when they are killed or injured as a result of medical malpractice,” Congressman Cohen said.
Earlier this year, as Chairman of the Subcommittee on Commercial and Administrative Law, Congressman Cohen held a hearing on the legislation. Under the bill, the right of service members to seek justice under the 1946 Federal Tort Claim Act would be restored and any amount received by a service member would not affect future veterans’ or other government benefits. The bill also excludes any claim that would arise out of combat activities or battlefield medical care.
Congress gave service members the right to seek justice when it enacted the Federal Tort Claims Act in 1946. The Supreme Court took it away four years later in Feres v. United States. The “Feres doctrine” has been the subject of criticism within the Supreme Court itself, even though the ruling has stood for almost 60 years. Current Justices John Paul Stevens and Antonin Scalia have both condemned it – Justice Scalia has gone so far as to say that, “Feres was wrongly decided.” Last year, the American Bar Association weighed in with an unopposed resolution urging Congress to repeal the Feres doctrine.
The “Carmelo Rodriguez Military Medical Accountability Act of 2009”, is named after the late Sgt. Carmelo Rodriguez of Ellenville, New York, an Iraq War veteran, who died of skin cancer in 2007 at age 29. Sgt. Rodriguez's cancer was misdiagnosed as a boil, birthmark and wart by a string of military physicians. His family had no way of holding the military medical personnel accountable for their malpractice.
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________________________
Steven Broderick
Communications Director
Congressman Steve Cohen (TN-9)
1005 Longworth House Office Building
Washington, DC 20515
Direct: 202-226-7916
Main: 202-225-3265
steven.broderick@mail.house.gov
Steven Broderick
Communications Director
Congressman Steve Cohen (TN-9)
1005 Longworth House Office Building
Washington, DC 20515
Direct: 202-226-7916
Main: 202-225-3265
steven.broderick@mail.house.gov
Issues:Defense