Please view the following link, as this is a response to the video clip titled MILITARY MEDICAL MISTREATMENT & THE FERES DOCTRINE. http://www.youtube.com/watch?v=5l7BObKkb5Q
“When we assumed the Soldier, we did not lay aside the Citizen.”
General George Washington, New York Legislature, 1775.
Years after Dr. King was assassinated during his fight for the equalities of all men, Americans continue to encounter social injustices similar to the injustices that sparked the civil rights movement. Are soldiers citizens? After all, in order to become an American soldier you must first be an American citizen.
The Feres Doctrine of 1950 states that “The United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty… resulting from the negligence of others in the armed forces”. This Doctrine has prevented the family of Sgt. Carmelo Rodriguez, and many others, to seek damages due to the negligence of military personnel, leading to his death. Because these brave men and women are soldiers, they are not afforded the same rights as you and I as American citizens; Civilians have the right to sue the Federal Government for medical malpractice but we deny these rights to the “ultimate” citizen: the citizen who takes on the role refused by the cowardice of others.
Ever since this rule of non-liability, referred to as the Feres Doctrine, Congress has been requested many times to amend the statute to provide for liability, but has always refused to do so. Meanwhile, by case law developed in the lower federal courts; the Federal Tort Claims Act has been interpreted to allow federal prisoners to sue the United States for medical malpractice in prison hospitals. Thus it is that our country awards greater rights to common criminals than it does to members of its armed forces. The continued refusal of the Supreme Court to take responsibility for its illogical reading of the Tort Claims Act in Feres, and of Congress to pass corrective legislation, is a national disgrace. “It is [our] right, it is [our] duty, to throw off such government, and to provide new guards for [the] future security” of our soldiers.
So I ask…
1. Who, if anyone, should be held accountable for such negligence?
2. Does Sgt. Rodriguez’s case meet the exceptions stated in the Feres Doctrine? His diagnosis was made during the physical examination by an armed forces physician prior to active duty.
3. Are soldiers not considered citizens of the United States of America?
A petition in support of abolishing the Feres Doctrine can be found at the following link: http://www.petitiononline.com/fd1950/petition.html
Also feel free to view the entirety of the Feres Doctrine at http://usmilitary.about.com/library/milinfo/blferes.htm
First off, it took me a while to even begin on what to comment about first on the topic. After watching the video I was absolutely speechless, filled with deep sorrow and complete pain as chills ran up my spine. I think all American soldiers are citizen. Like you said they must be a U.S. citizen before becoming a soldier. Now, I believe everything a person experiences in their life makes/molds them into the person they are today. I definitely think war and being in the military changes someone. Whether it be for the better or worse is personal, however, I don't think it changes the fact that they are still considered a citizen. I think it's ridiculous, and especially in this case, that this doctrine holds the Rodriguez family back from justice of their loved one. The story in itself it horrible, not only on a lawful level but most importantly on a moral level. These soldiers give so much of their life and time just for us to be able to do what we do everyday. Whether or not opinions of the war differ, someone has to do the job. Lawfully Sgt. Carmelo was notified and diagnosed with melanoma in the initial exam and was not hurt during duty. Therefore, I think it was the military's fault for ignoring such a huge ordeal that, if treated prior to any activation, could have resulted in something totally different. If cancer would have been contagious, do you think he would have passed the exam then? Do you think that they would have let him with all the other men and women fighting over seas? I doubt it. If it would have been a disease that were contagious and deadly, would it have then still been overlooked? Soldiers have to pass a physical exam, and I think they thought it was something that they thought could have been brushed under the rug and dealt with later. If only it were their family, their loved one, would they realize the hurt/pain. I have my many views and feelings about the military and ones who serve for the military, but that doesn't change the bottom line of what they do, why they do what they do, and who they do it for. Overall, I just really think this doctrine is unfair, at least in Sgt. Rodriguez's case.
ReplyDeleteNo matter who you are this story has to have an effect on you. I believe everyone realizes after watching this story something must change. I would like to hear the arguments by anyone to keep the Feres Doctrine as is because from this soldier’s story I cannot see any good in doing so. After listening to the video I think the fault should fall in the hands of the doctor who misdiagnosed him. All doctors, I am pretty sure, need malpractice insurance. So, what is the point of having malpractice insurance if someone who work for the military cannot be sued for the vary thing their insurance covers? I think the soldiers should be able sue the doctor for his mistake just as any citizen can and maybe leave the military out of the suit all together it even though some of the fault does lie on the military. This would be a step in the right direction.
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