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.
Fall Was The Result Of Elevated Related Risk
July 5, 2013
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.