LEGISLATIVE ACTION
H.R. 4334 - Healthcare Equality and Rights for Our Heroes Act
On June 23, 2023, U.S. House of Representatives U.S. Representative Richard Hudson (R-NC) and Reps. Darrell Issa (CA-48), Jimmy Panetta (CA-19), and Michael Waltz (FL-6) announced the introduction of the Healthcare Equality and Rights for our Heroes (HERO) Act.
H.R. 4334 is a bipartisan legislation that will grant servicemembers who are victims of medical malpractice in a DoD medical treatment facility the right and opportunity to take their claim to District Court.
It has since been referred to the House Committee on the Judiciary, where it awaits further consideration. Advocacy efforts, such as those led by the Coalition of Heroes, are actively working to build support for the bill among members of Congress. These efforts aim to advance the HERO Act through the legislative process and ultimately secure the legal protections that service members deserve.
Section 731 of the National Defense Authorization Act (NDAA) for Fiscal Year 2020
This marked a significant change by allowing active-duty service members to file claims against the federal government for medical malpractice occurring in military medical facilities. However, it is important to note that while the act provides a pathway for service members to seek compensation, it does not allow them to sue directly in federal court. Instead, claims are processed administratively through the Department of Defense, which evaluates and potentially compensates the claims.
While Congress had commendable intentions in passing the SFC Richard Stayskal Military Medical Accountability Act of 2019, the implementation of the act has significant shortcomings. One of the primary issues lies in the guidelines that allow the Department of Defense (DOD) to investigate and adjudicate these claims internally, rather than relying on an impartial third party. This setup creates an inherent conflict of interest, as the same institution responsible for the alleged medical malpractice is also tasked with determining whether malpractice occurred and what compensation, if any, is warranted.
This approach leaves a significant gap in the justice system for service members, like myself, who seek accountability for the harm they've endured. By allowing the DOD to self-police these claims, the process lacks the objectivity and transparency necessary to ensure fair outcomes. As a result, many service members may find themselves without the justice that the act was intended to provide, as their claims are assessed by the very entity that committed the malpractice. This undermines the core purpose of the legislation and fails to offer the meaningful recourse that service members deserve.
H.R.1478 - Carmelo Rodriguez Military Medical Accountability Act of 2009
On March 12th, 2009, H.R. 1478 was introduced to amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care, and for other purposes.
H.R. 1478 was named after Marine Sergeant Carmelo Rodriguez, a 29-year-old Marine who died from stage 4 melanoma due to misdiagnosis and inadequate treatment by military doctors.
Despite gaining 12 co-sponsors, the bill did not advance past the House Judiciary Committee.
H.R. 1054 was introduced in 1987 during the 100th Congress. This bill sought to amend chapter 171 of title 28 of the United States Code to allow members of the Armed Forces to sue the United States for damages resulting from improper medical care.
In 1988, H.R. 1054 passed the House of Representatives with 74 co-sponsors. It was then referred to the Senate for consideration. However, the bill faced significant opposition in the Senate, particularly from those who supported the Feres Doctrine and were concerned about the potential implications of allowing military personnel to sue the federal government.
Despite passing the House, the bill ultimately stalled in the Senate and did not advance to a full Senate vote. As a result, the legislative effort to amend the Feres Doctrine and allow service members to seek legal recourse for medical malpractice was unsuccessful at that time.
H.R.1054 - A bill to amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.
H.R. 3174 was a significant legislative proposal introduced during the 97th Congress in 1985, aimed at addressing the issue of military medical malpractice. The bill, which passed the House with a vote of 317 in favor and 90 against, sought to enable active-duty service members to sue for medical or dental malpractice that occurs in stationary military hospitals or clinics. This legislation aimed to overturn the U.S. Supreme Court ruling that had previously barred active-duty personnel from suing military doctors for malpractice.
Sponsored by Representative Dan Glickman (D-Kan.), H.R. 3174 highlighted a disparity in the legal system by pointing out that civilians, including penitentiary inmates and military dependents and retirees, could already sue the government for malpractice. Despite this, opponents, including Representative Roy Rowland (D-Ga.), argued that the bill would add thousands of cases to an already overburdened civil court system and did not address the need for improvements in the quality of military medical care. While the bill aimed to grant active-duty personnel the right to sue military doctors for negligence, it faced significant debate and scrutiny over its potential implications.
H.R. 3174 did not pass the Senate. Although the bill was approved by the House of Representatives with significant support, it faced opposition and ultimately stalled in the Senate.
H.R.3174 - A bill to amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.
H.R.1161 - A bill to amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.
H.R. 1161, introduced in the 98th Congress in 1985, aimed to amend chapter 171 of Title 28 of the United States Code to enable members of the Armed Forces to sue the United States for damages resulting from improper medical care. The bill sought to address the limitations imposed by the Feres Doctrine, which had previously barred active-duty military personnel from seeking legal recourse for injuries caused by medical negligence within military facilities.
Despite its introduction, H.R. 1161 faced significant challenges in the legislative process. The bill was referred to the House Committee on the Judiciary but did not advance beyond this stage.
S.489 - A bill to amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care provided during peacetime.
S. 489, introduced in the 101st Congress in 1985, was designed to amend chapter 171 of title 28 of the United States Code to enable members of the Armed Forces to sue the United States for damages resulting from improper medical care provided during peacetime.
This legislation sought to create an exception to the Feres Doctrine specifically for cases of medical negligence occurring during periods of peacetime, allowing military personnel to hold the federal government accountable for substandard medical care. Despite the introduction of S. 489, the bill faced significant hurdles in the legislative process and did not advance beyond the committee stage.