Bill Would Allow Military Members to Sue Government for Medical Malpractice

A New York House judiciary panel will consider a bill that will allow U.S. military members and their families to sue the government for medical malpractice.

The bill, which was introduced by Rep. Maurice Hinchey, aims to overrule a 1950 U.S. Supreme Court ruling that bars military members and their families from suing the military for negligent medical care given during their service.

The measure was brought to life after Hinchey learned the fate of Marine Sgt. Carmelo Rodriguez.  In 2007, 29-year-old Rodriguez died of cancer almost 10 years after a doctor noted a moon-shaped mark on his right buttock during his enlistment.

Rodriguez visited a doctor several times specifically asking about the mark, which eventually began to bleed. After two referrals to see a dermatologist were lost, Rodriguez went and saw a specialist.  By then, the melanoma had spread and it was too late.

Rodriguez's sister, Ivette Rodriguez, will testify before the judiciary panel to express her hope to legislators that the bill will hold military doctors accountable for their actions and make them think twice about diagnosing a soldier.

"It can save somebody else from going through what my brother did," she said.

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