House Committee Moves to Allow Suits for Military Medical Malpractice

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rodriguez_thumbLeft: Marine Corps Sgt. Carmelo Rodriguez III Photo courtesy of CBS News

By Nick Schwellenbach The Center For Public Integrity

Congress moved Wednesday toward allowing soldiers to sue military medical personnel for medical malpractice, except in cases related to combat.

     

The House Judiciary Committee approved the “Carmelo Rodriguez Military Medical Accountability Act of 2009” by a vote of 14-12. The bill, sponsored by New York Democratic Rep. Maurice Hinchey, is named after Marine Corps Sgt. Carmelo Rodriguez III, who was Hinchey’s constituent before he died in 2007. A Senate version of the bill is sponsored by New York Democratic Senator Charles Schumer. 

At Rodriguez’s entrance medical exam when he joined the Marines in 1997, military doctors identified a blotch on his buttocks as melanoma, but never told him of the diagnosis, nor treated him or recommended treatment, according to his medical report. The cancer spread over the next eight years. Rodriguez had it re-examined in Iraq in 2005 and was told it was just a wart and that he could wait until he returned to the U.S. for treatment. Over the next 18 months, Rodriguez disintegrated to less than 80 pounds. Minutes after meeting a CBS News crew, Rodriguez died holding the hand of his seven-year-old son.

Read more at The Center For Public Integrity

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