PEB FORUM For YOU MILITARY MEMBERS

[Skywalker]

A web sight that all you military members should visit. You may need it someday or you may have a troop right now that could benefit from it. Physical Evaluation Board

Thanks to Skywalker for passing this along!

The House Judiciary Subcommittee recently approved the Carmelo Rodriguez
Military Medical Accountability Act which would allow military members to sue for medical malpractice committed by the military. Note the act allows for claims occurring on or after January 1, 1997. This is a very significant law that I urge everyone to support by contacting your Congressional delegation.
Tell them you support HR 1478 and want them to vote for passage.

Search Results - THOMAS (Library of Congress)

111th CONGRESS
1st Session

H. R. 1478
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.


IN THE HOUSE OF REPRESENTATIVES
March 12, 2009

Mr. HINCHEY introduced the following bill; which was referred to the Committee on the Judiciary


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, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the `Carmelo Rodriguez Military Medical Accountability Act of 2009'.
SEC. 2. ALLOWANCE OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST THE UNITED STATES FOR CERTAIN INJURIES CAUSED BY IMPROPER MEDICAL CARE.

(a) In General- Chapter 171 of title 28, United States Code, is amended by adding at the end the following:
`Sec. 2681. Certain claims by members of the Armed Forces of the United States

`(a) A claim may be brought against the United States under this chapter for damages relating to the personal injury or death of a member of the Armed Forces of the United States arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) that is provided by a person acting within the scope of the office or employment of that person by or at the direction of the Government of the United States inside the United States.
`(b)(1) The payment of any claim of a member of the Armed Forces under this section shall be reduced by the present value of other benefits received by the member or the estate, survivors, and beneficiaries of the member under title 10, title 37, or title 38 that are attributable to the physical injury or death from which the claim arose.
`(2) A claim under this section shall not be reduced by the amount of any benefit received under Servicemembers Group Life Insurance under subchapter III of chapter 19 of title 38, including any benefit under--
`(A) section 1980A of title 38 (commonly know as Traumatic Servicemembers' Group Life Insurance); and
`(B) section 1967 of title 38 (commonly known as Family Servicemembers' Group Life Insurance).
`(c) This section shall not apply to any claim arising out of the combatant activities of the Armed Forces during time of armed conflict.
`(d) For purposes of claims brought under this section--
`(1) section 2680(k) does not apply; and
`(2) in the case of an act or omission occurring outside the United States, the `law of the place where the act or omission occurred' shall be deemed to be the law of the place of domicile of the plaintiff.
`(e) As used in this section, the term `a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations)' has the same meaning given that term for purposes of section 1089(e) of title 10.'.
(b) Technical and Conforming Amendment- The table of sections for chapter 171 of title 28, United States Code, is amended by adding at the end the following:
`Sec. 2681. Certain claims by members of the Armed Forces of the United States.'.
(c) Effective Date- The amendments made by this section shall apply with respect to a claim arising on or after January 1, 1997, and any period of limitation that applies to such a claim arising before the date of enactment of this Act shall begin to run on the date of that enactment.
__________________
Jason

Physical Evaluation Board Forum Administrator
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"A man who is good enough to shed his blood for his country is good enough to be given a square deal afterwards." -Theodore Roosevelt

 

[Bigfisch]

Thanks for the link Skywalker! It truly may come in handy.

 

[Skywalker]

In Feb 08 I was under a tremendous amount of pressure of working with some serious arseholes and felt like a had something bad happen in my head and rushed to the ER. They said maybe it was a HEMI Migraine and the thing is, it never wet away and now for 16 months 24/7/365 the left side of my head deep burning/tingling/numb and hurts and turns into full migraine due to the core problem 2 to 3 times a week with migraines meds. Randolph AFB Col "S" sent an email to the AFB here in Colorado and I happened to obtain a hard copy and he told the medical staff here and the USAFA to cynch my diagnosis and do not give him a difinitive diagnosis because it could mean additional compensation from the AF. The AF just weeks after my attach found multiple lesions on my brain and they would only say "It's white spots, nothing more". I insisted on a civilian NEURO doc to pursue what it could be. They were obviously preped before my arrival and because I have anxiety issues was talk to like I'm crazy. The NEURO doc said to think of them as UFO's.... LOL. I said, "do you mean unidentified flying objects"? yes he said. It was an 11 minute visit, I timed it because I'm just that way. So, no one would say chit about it other then bullsheet and would not even puruse to evauate it and I have had about 8 visit to the ER for morphine and deloted which is six times stronger then morphine and that is the only times in 16 months I have had a minute without pain. Sixteen months later my new civilian doc after fighter with TRICARE and being denied about 6 times was able to get approval for Colorado Springs Imaging and they come back with much better pictures of the lesions and said, I had a stroke and I even gave them my Mar 08 USAF images for a comparrasion. Now, my doc puts in to TRICARE which ours is at the military facility here that had all these fine arseholes still working there and one is tightly connected with TRICARE and now my doc called and said that no one wants to see me between here in Colorado Springs and Denver and I'm just **** out of luck. I think this may be of interest to some lawyers but it's hard to get started because I'm just so tired of fighting. Unreal what a man has to put up with but as you can see from the PEBFORUM and Jason there is the man, he is like Captain here and that site is the best thing since sliced bread for our GI's.

Thanks for the link Skywalker! It truly
may come in handy.

 

[DaCol.]

TR said everything that needs to be said