CBS News Investigation: (3/24/09) Feres Doctrine - Military Can't Be Sued for Malpractice

Marine Corps Staff Sgt. Carmelo Rodriguez died of a melanoma that military doctors had found but left untreated. The family can not sure for malpractice due to a 60-year-old law. Now it's battling in Congress to change that rule. It's both ironic & hypocritical to deny a serviceman's family the same right (i.e., the right to recover compensation for negligence) that they are dying to protect for the rest of us.

Category:

News & Politics

Tags:

• Medical malpractice
• serviceman's rights
• soldier's rights
• Feres Doctrine
• Skin Cancer

[BeyondTheSpectrum08]

The Feres Doctrine is a decades-old Supreme Court ruling that states that a family cannot sue the military medical establishment for malpractice. Ironic how servicemen fight to protect a right that civilians have that they themselves do not.

[MrPete314]

The military and our crappy ass government should be ashamed of themselves.... I firmly believe in karma and the idiot doctor who diagnosed him shouldn't even be a damn doctor.... freaking worthless!!!

[ArmyJAGCorruption]

Feres also protects lawyers from legal malpractice. I was threatened by Army lawyer CPT Matthew Fitzgerald to do something against regulations resulting in losing over $50,000. When I asked the top lawyer (now LTG Dana Chipman) for help, they appointed Fitzgerald’s previous boss/friend to investigate. I filed the same complaint with Fitzgerald’s state bar proving he lied more than 10 times. All thrown out of federal court due to Feres despite evidence. Fitzgerald got promoted to Major.

[cowsgoquack135]

I know this man he used to be my neighbor.... His son and his wife used to live with us ... Rip

[KJT922010T]

That's how my dad died.... He was diagnosed with stage 4 melanoma. He lived 3 years with it then lost 50 pounds and died in his sleep

[rollingstones911]

The Feres doctrine covers everything from Medical malpractice to negligence during training. Google Feres Doctrine.

[spiraling69]

did you even pay attention to his story? had nothing to do with a training accident. it was misdiagnosed skin cancer...

[rollingstones911]

Anyone that joins the Army is very brave but his death did not occur fighting in the middle east. It was a training accident that should not have occurred. How many other soldiers die this way? What about solders that are exposed to chemicals or that are disabled because of negligence. Or even soldiers that die because of bad training or poor equipment. The Army can not be held accountable because of the Feres doctrine.

[rollingstones911]

Michael Ernest Fremer was born 9/30/1989 and Died on 2/13/2008 at Fort Polk, La as a result of United States Army Negligence during a training exercise. His death was due to fellow solders not following Army Procedures and carelessness.

[rollingstones911]

When there is medical malpractice in the Military, The military should be held accountable. When Marines are exposed to Toxic Chemicals and get cancer the Military should be held accountable. When there are deaths during a training exercise due to careless negligence the Military should be held accountable.

In the civilian world we have laws and accountability. Why doesnt the Army?

[angelchey819]

this is so sad i almost cried when i watched it i totally support getting rid of the feres doctrine it can ruin families terribly i hope the family make it. R.I.P. CARMELO