Healthcare Equality and Rights for Our Heroes Act; HERO Act
Summary
The Healthcare Equality and Rights for Our Heroes Act (HERO Act) aims to amend Title 28 of the United States Code to allow members of the Armed Forces to sue the United States government for injuries or deaths caused by improper medical care received at military medical facilities. This bill repeals Section 2733a of Title 10, which currently restricts such lawsuits. The HERO Act seeks to provide legal recourse for service members who have suffered harm due to medical negligence.
Expected Effects
If enacted, the HERO Act would grant service members the right to sue the government for medical malpractice, similar to civilians. This could lead to increased accountability for medical care provided within the military health system. It also establishes a 10-year statute of limitations for filing claims and mandates a report to Congress on the number of claims filed under this section.
Potential Benefits
- Provides legal recourse for service members injured by medical malpractice.
- Increases accountability within military medical facilities.
- Aligns the rights of service members with those of civilians in medical malpractice cases.
- Potentially improves the quality of medical care provided to service members.
- Offers compensation to service members and their families for harm suffered.
Potential Disadvantages
- Could increase the number of lawsuits against the United States, potentially straining government resources.
- May lead to higher insurance costs for the government.
- Could create an adversarial relationship between service members and military medical providers.
- Potential for frivolous lawsuits.
- Possibility of increased administrative burden for the Department of Justice and military medical facilities.
Most Disadvantaged Areas:
Constitutional Alignment
The HERO Act aligns with the principles of equal protection and due process, as it seeks to provide service members with the same legal rights as civilians regarding medical malpractice. While the Constitution does not explicitly address medical malpractice, the Fifth Amendment's guarantee of due process could be interpreted to support the right to seek redress for injuries caused by government negligence. The power to raise and support armies is granted to Congress in Article I, Section 8, but this power is not unlimited and must be exercised in accordance with constitutional principles of fairness and justice.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).