U.S. government protects medical malpractice in military

Troops paying with their lives

By Priscilla Lounds

The author is a member of March Forward!, an organization of veterans and service members who stand against war and racism.

When considering military service, potential recruits are told that their medical needs will be provided for by the U.S. government. For some, this is an important reason for enlisting. The for-profit health care system leaves 47 million people without coverage. If one is lucky enough to have health insurance, the exorbitant co-pays and deductibles force many into debt, contributing to home foreclosures, bankruptcy and other personal turmoil.

The promise of health care lures many to sign their name on the enlistment form that hands over control of their lives to the U.S. government. The recruiters’ sales pitch leaves out a key fact: Military medical units could be as dangerous as combat itself.

The military medical staff is trusted to be professional, well-trained and highly qualified. Everything from prenatal to combat-related care is expected to be the best. The reality is that the medical competency of many medical personnel within the military would not be acceptable in the civilian world.

Service members have no means of recourse when malpractice occurs. The Feres Doctrine enacted by the Supreme Court in 1950 prevents service members, or relatives acting on their behalf, from filing a lawsuit against the federal government. This doctrine broadly terms all medical care given to service members at military care facilities as “incident to military service.” Negligence and incompetence are legally protected.

An award-winning report by Russell Carollo and Jeff Nesmith in the Dayton Daily News in October 1997 revealed that at least 77 doctors employed by the military did not meet the minimum requirements to receive licenses to legally practice medicine in the states where they worked. These military doctors failed state licensing exams at least 10 times; one who served as chief of anesthesia services failed 30 licensing exams in Connecticut, Nebraska, Oregon, Virginia and Michigan.

A number of incidents reported by PilotOnline.com hint at the extent of the problem.

Technical Sergeant Cindy Wilson gave birth to a healthy baby boy by cesarean section at Langley Air Force Base in 2007. Four hours later, she was rushed back into surgery—the lead obstetrician had cut a uterine artery. During the procedure to stop the bleeding, two surgical sponges were left in her abdomen.

Twelve hours after giving birth, Wilson died. The day of her death was the day a Virginia medical license was issued to Dr. Michael Carozza, the lead obstetrician.

Sailor Dawn Lambert went to have a fallopian tube removed, military surgeons left five sponges and a plastic marking device in her abdomen. Several months later, a second surgery to remove the items left her infertile.

Misdiagnoses have had fatal consequences. Navy Lt. Commander Walter Hardin had red lesions diagnosed as eczema for 11 months; he died shortly after the proper diagnosis of cancer was made. Misdiagnosed appendicitis caused the brain death of Air Force Staff Sergeant Dean Witt.

And though Marine Sgt. Carmelo Rodriguez was correctly diagnosed with melanoma, he was never told about nor treated for it. The melanoma spread through his body, causing his death 10 years later. The horror stories go on.

Despite many failed attempts to overturn this reactionary 1950 Supreme Court ruling, its defenders argue that protection against malpractice would disrupt military order and discipline. Rep. Duncan Hunter (R-Calif.), a member of the House Armed Services Committee and a former fighter pilot, said Feres is “a reasonable approach to ensuring that litigation does not interfere with the objectives and readiness of our nation’s military.” (Los Angeles Times, April 28, 2008)

The Feres Doctrine shows how little the lives of soldiers matter to the Pentagon brass and their political backers. March Forward! demands that the best care possible be given for not only our sisters and brothers in uniform, but for all of our sisters and brothers struggling to find ways to pay for health care in the U.S. and across the world.

This is not our war!
MarchForward.org