Feres Doctrine on Chopping Block After House Panel Vote

Rick Shapiro

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I have long advocated for the overturning of the Feres Doctrine, a nearly 60-year-old U.S. Supreme Court ruling that bars active-duty military personnel from receiving compensation for injuries they suffer due to medical malpractice. The rule denies basic protections and protections to the very people who have done the most to earn those rights and protections and guarantee them for other Americans through their service to the country.

So I was pleased to see the members of the U.S. House of Representative Judiciary Committee earlier this week sent legislation that would invalidate the Feres Doctrine to the full House for a vote. According to an Air Force Times report, the Carmelo Rodriguez Military Medical Accountability Act is named after a Marine Corps sergeant who died at 29 of melanoma after military doctors withheld their diagnosis from him for 10 years. Like every other active-duty military member since 1950, neither Rodriguez nor his family could seek justice once the gross malpractice of the military doctors came to light.

The bill to overturn the Feres Doctrine may face tough opposition in the Senate, according to the Air Force Times, but at least federal legislators are beginning to recognize the injustice the rule perpetuates. As a member of law practice dedicated to representing victims of medical malpractice, I know how devastating errors and negligence by doctors, nurses, surgeons and pharmacists can be. I hope military members will soon no longer be left to suffer the consequences of medical malpractice without relief.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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