According to a recent AAJ article the legal rights of servicemembers injured by medical negligence would be restored under legislation introduced in the U.S. Senate. The article states that a 1950 U.S. Supreme Court ruling in Feres v. United States prevents servicemembers on active duty from holding the government accountable for non-combat related injuries. This decision strips military families of their right to seek redress through our civil justice system. The Carmelo Rodriguez Military Medical Accountability Act (S. 1347 / H.R. 1478), sponsored by Sen. Charles Schumer (D-NY) and Rep. Maurice Hinchey (D-NY), would offer servicemembers injured by medical negligence the same protections currently provided to veterans.
Supreme Court Petitioned to Allow Suits by Active Military Personnel
August 31, 2009
A recent AAJ article reports that a petition is pending requesting that the Supreme Court allow active duty military personnel to sue the government. Petty Officer Nathan Hafterson died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing.