Senator Barbara Boxer Voice For Veterans Services
112 Hart SenateMr. Robin J. Rustan
WashingtonDC20510 PO Box 668,
c/o Ms. Karmen Bendickson Sunset Beach, Cal 9074
The Honorable Senator Barbara Boxer,June 16, 2003
I am disabled veteran Mr. Robin J. Rustan recently rated 100% for my disabilities I received while serving my Country. Your legislative assistant Ms. Karmen Bendickson has had several conversations on military malpractice in military hospitals with me, and how unfair this is especially since the Federal Torts Claims Act (“FTCA”) 928 U.S.C. sect. 2674 abolishes soldiers rights to negligence military malpractice claims. The enlisted soldier’s rights are violated the second he or shesigns in and takes their Oath to Serve our Country.
The introduction to Armed Services promises each and every soldier will have perfect medical care while serving his or her Country. The FERES doctrine should never take away any medical rights from any soldier serving our Country, in fact since Duty of Care is promised to each and every one of us that serve we all deserve the same medical care that military dependents and military retired receive.
Whereas, Military dependents are not barred by the FERES doctrine from bringing a claim for physical injuries they, themselves, have suffered as a result of medical malpractice.
Whereas, Nor are any military retirees bared by the FERES doctrine from bringing a medical malpractice claim for injuries suffered after their retirement even if the medical treatment they received was for service-connected-injury.
Therfore, be it resolved all laws that discriminate against soldiers rights to be bared by the FERES Act to ignore basic human rights to sue government for negligence malpractice in military hospitals even if the medical malpractice is for service-connected injuries.
I would appreciate a direction to the FERES Act Laws and How it Destroys the solders rights to medical malpractice cases especially after the fact that Medical Duty of Care is Promised by Armed Services to each and every soldier on there first day of service to our Country.
Please restore these concepts of Law in the FERES Act doctrine to include All enlisted personal will have the same rights to file medical malpractice claims and not be bared, as the military dependents and military retirees are not bared for government negligence malpractice claims.
Please look at the special circumstances in my case of medical malpractice and negligence for having NO Medical Care for a Broken Neck and being sent to Vietnam seriously injured part of it with NO neck brace. Give me the same options as military dependents, and military retirees have for medical malpractice and negligence.
I would appreciate a response to this matter in writing and look forward to talking with you on the phone regarding this matter.
Seriously Damaged,
Mr. Robin J. Rustan
(PFC) Drafted
That is another issue in itself as I was drafted into losing my medical rights. Go to prison or Serve and because of this I lost all my Medical Rights as a Human Being while serving my Country. Look at where the State of California wants to give a liver transplant to a guy who is on death row to keep him alive long enough to kill him, which cost the taxpayers $140,000 and a Solider serving his Country can’t even get a Neck Brace after breaking his neck in a Government TANK?