Consumer Law

Still Fighting: Carmelo Rodriguez and the Medical Malpractice Bill Aimed at Holding the Military Accountable

By Andy Hoffman

About a year ago, we brought your attention to a CBS News report about a U.S. Marine named Carmelo Rodriguez who served in Iraq and survived, only to die as a result of gross medical malpractice by military health care providers.

We also told you that Congressman Maurice Hinchey (D-NY)  had announced plans to introduce legislation that would reverse a nearly 60 year old law that prohibits malpractice suits against the military and prevents folks like Carmello Rodriguez and his survivors from being compensated.

Well yesterday, Congress held a hearing to discuss the legislation, now dubbed the ?Carmelo Rodriguez Military Medical Accountability Act.?  According to the CBS report, "in nearly 60 years, no one's ever successfully challenged the Feres Doctrine [which prevents suits against the military], but no one's ever made it this far either."

Hinchey told the panel the bill was needed to give soldiers the same rights as prisoners in federal prisons who are allowed  to sue for medical malpractice.  Needless to say, we couldn?t agree more.  Check out the CBS Report.

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Full post as published by ThePopTort on March 25, 2009 (boomark / email).