Medical Malpractice in the Military
Posted by
Jennifer MooreFebruary 01, 2008 11:23 AMUnlike every other citizen in the United States, active-duty military personnel and their families cannot sue the federal government for medical malpractice. If you serve in the military and a military doctor commits malpractice, you have no legal rights to pursue. Yesterday, CBS Evening News published a story highlighting the injustice that occurs when active-duty military suffer from malpractice.
Sgt. Carmelo Rodriguez was just 29 years old when he died of melanoma. His family maintains that his death should not have occurred because a military doctor documented that he had melanoma in 1997 during his initial physical exam. However, the military doctor failed to tell Sgt. Rodriquez or anyone else for that matter and recommended no further treatment. While serving in Iraq, military doctors misdiagnosed Sgt. Rodriguez and told him he had a "wart." Despite these glaring mistakes, his family has no legal recourse. They should be compensated for their loss and the mistakes that were made, but current law prevents that.
There are hundreds of cases in which members of the military are misdiagnosed. But, even though malpractice occurs, they have no legal remedy.
The "fight," as they call it is over what's known as the Feres Doctrine, a 1950 U.S. Supreme Court ruling that bars active-duty military personnel and their families from suing the federal government for injuries incidental to their service. In other words, unlike every other U.S. citizen, people in the military cannot sue the federal government for medical malpractice. "When he enlisted in 1997, from his initial medical checkup - you know what I mean, physical - the doctor documented that he had melanoma, but never told him 'have anyone follow up on it,'" Ferraro said. "And that was back in '97. If we would have known back in '97, he would still be with us."
CBS News was given a copy of that medical report. The doctor notes skin as "abnormal." In further details he describes it as "melanoma on the right buttocks." There's no recommendation for further treatment.
Eight years pass. Sgt. Rodriguez is in Iraq.