No Recourse in Military Malpractice Cases
In a gross example of medical malpractice Marine Corps Staff Sgt. Carmelo Rodriguez died of cancer in a case where doctors diagnosed, but elected not to treat or inform him of his melanoma. Instead doctors told him that he had a wart. Unfortunately, a 1950 Supreme Court ruling, the Feres Doctrine, prevents military personnel and their families from suing the federal government for injuries linked to their service. Unlike every other U.S. citizen, people in the military cannot sue the government for medical malpractice leaving victims and their families no recourse in seeking justice. On a fact finding mission, CBS News obtained Rodriquez's medical report from 10 years before his death and found that a military doctor noted that his skin was "abnormal" describing it in further detail as "melanoma" on his medical report. Doctors elected not to inform Rodriquez of their findings nor did they recommend any treatment. The Rodriquez family traveled to Washington in an effort to change the law and participated in a hearing questioning the Supreme Court decision.
