Senator Charles Schumer has introduced the Carmelo Rodriguez Medical Accountability Act of 2009 (S. 1347 / H.R. 1478), which would guarantee active military servicemen and women the right to sue for medical malpractice. Under the Feres Doctrine, a 1950 Supreme Court ruling, active military members cannot sue the government for non combat related injuries. The bill would offer service members injured by medical negligence the same protections currently provided to veterans. It is named after Carmelo Rodriguez, who died from skin cancer in 2008 after his doctor had failed to report his melanoma more than 10 years ago.
More details about the Feres Doctrine and the Carmelo Rodriguez Medical Accountability Act of 2009 can be found at the American Association for Justice website.
Our law firm, DeCaro & Kaplen, LLP handles medical negligence cases causing brain injury as well as other catastrophic personal injuries.