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September 8th, 2010

Carmelo Rodriguez Military Medical Accountability Act

After the death of Carmelo Rodriguez, Sgt, USMC (a New Yorker) as the result of military medical malpractice Congressman Maurice Hinchey (D-NY) introduced H.R.1478, The Carmelo Rodriguez Military Medical Accountability Act of 2009 (attached). This legislation would repeal the Feres Doctrine and allow active duty military personnel to sue the government for medical malpractice in the military health care system, the same right civilians have always had. The right to hold health care providers accountable for medical malpractice is even extended to federal prisoners and illegal aliens, but not to the men and women serving in the United States Armed Forces!

Congressman Hinchey’s staff has been actively pursuing this legislation in the US House of Representatives and has met with considerable success. Unfortunately, Senator Chuck Schumer and his staff have done absolutely nothing to support the US Senate version of the same legislation, S.1347. Since Senator Schumer committed to be the Senate sponsor in June 2009 his staff has not made the slightest effort to add additional Senate cosponsors or attempted to bring this issue before any Senate Committee for discussion and support. Since Senator Schumer is a member of the Senate Judiciary Committee and Chairman of the Committee on Rules and Administration could it be that he has never had any intention of doing anything for the military personnel he represents and just wanted to put his name on something that would look good in a year he is up for reelection?

Bertram G. Hahn

Lt. Col., USAF (Ret)

5 / 5 (2 Votes)

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