Protecting Servicemembers from Medical Negligence

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Protecting Servicemembers from Medical Negligence 

In The News

"An effort to overturn a 59-year-old Supreme Court decision barring service members from suing the government for negligence inched forward Tuesday when a House subcommittee approved the Carmelo Rodriguez Military Medical Accountability Act."
"Bill to Repeal Feres Clears First Hurdle"
Army Times, 05/19/09

"When Cindy Wilson became pregnant with her first child, she shared the joys of approaching motherhood with her mother. In long phone calls from Langley Air Force Base, where she was stationed, the 37-year-old technical sergeant exuded happiness...Just before midnight on Feb. 20, 2007, she gave birth by cesarean section to a healthy boy. But Wilson never got to hold her baby. According to her medical records, a uterine artery was cut during the delivery, causing massive internal bleeding. The estimated blood loss was equivalent to the total blood volume of an average adult."
"Service Members Have Little Recourse Against Malpractice"
The Virginia-Pilot, 05/17/09

For nearly 60 years, active duty servicemembers have been denied their rights to receive justice when they are injured by the negligence of the U.S. Government due to the Supreme Court decision in United States v. Feres. In Feres, the Court misinterpreted the Federal Tort Claims Act (FTCA), which allows claims to be brought against the United States for certain acts of negligence. Under the Feres doctrine, soldiers like Carmelo Rodriguez and his family are denied their right to bring these claims.

The Carmelo Rodriguez Military Medical Accountability Act would amend the Federal Tort Claims Act (FTCA) to allow members of the armed forces to bring medical malpractice claims against the United States government. With increasing numbers of servicemembers coming back from Iraq and Afghanistan being treated for severe injuries, it is more important than ever to protect them from medical negligence caused by government health care providers.

Watch CBS' report on Sergent Rodriguez' fight below:




Learn More About Sgt. Rodriguez and Other Victims of Medical Negligence in the Military

Learn More about the Carmelo Rodriguez Military Medical Accountability Act


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