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.
Serious Injury Threshold Motion Does Not Necessarily Require Doctor’s Affirmation.
December 20, 2013
In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.