Military Families Medical Malpractice Rights During Active Service

In 1950, the Supreme Court of the United States decided Feres v. United States, 340 U.S. 135, 138, wherein the Court determined that any active member of the military was barred from bringing a claim for injuries under the Federal Torts Claim Act (FTCA) whenever those claims were a result of the member's military service. [The language of the FTCA did not prohibit all claims arising from military service, rather only barred claims arising out of combatant activities of the military during war. See U.S.C § 2680(j).] Over the last 59 years many military men, women and families have been prevented from seeking any justice as it relates to non-combat related injuries.

This legislative session the Carmelo Rodriguez Military Medical Accountability Act (H.R. 1478) was sponsored by Rep. Maurice D. Hinchey (D-NY). H.R. 1478 is attempting to correct these injustices that military families have been facing for too long. H.R. 1478 will amend the FTCA to enable service men, women and families to bring a claim against the United States for personal injury or death of a military member resulting from medical, dental or related health care negligence, wrongful acts or omissions in care by individuals acting within the scope of their employment or at the direction of the United States. H.R. 1478 would still prohibit personal injury claims arising out of the combatant activities during armed conflict.

If passed, this new legislation will be retroactive to any claims arising on or after January 1, 1997. Military families are a step closer to having their rights protected as a result of negligent care.

For more information on the specifics of H.R. 1478 visit http://www.govtrack.us/congress/billtext.xpd?bill=h111-1478.

Shannon Keil