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Military Malpractice Bill

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New bill would permit military personnel to file
medical malpractice claims

May 23, 2008 – A New York state congressman introduced a legislative bill that would permit members of the U.S. military to sue the government for medical malpractice, Legal Newsline reported today.

The proposal, introduced by Rep. Maurice Hinchey, D-N.Y., would reverse a 1950 U.S. Supreme Court decision known as the “Feres Doctrine,” which protects the military from medical malpractice claims that seek financial compensation for damages.

"Joining the military should not mean that one has to give up his or her right to hold medical providers accountable,” said Hinchey.

The new legislation would allow claims for damages for death or personal injury resulting from negligence, the failure to act, or wrongful acts in healthcare provided by the military, UPI reported.

The bill is called the Carmelo Rodriquez Military Medical Accountability Act, named for the 29-year-old U.S. Marine sergeant who died last year from skin cancer after military doctors in Iraq reportedly misdiagnosed his melanoma as a birthmark or wart.

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