Articles Tagged with military

military malpractice lawsuitGovernment Is Ready to Process Military Malpractice Claims

Since 1950, U.S. Military members have been barred from suing the U.S. government for injury or death resulting from their military duties, including all claims of malpractice, under the U.S. Supreme Court ruling Feres doctrine. But after Army Sgt. First Class Richard Stayskal led a fight to file a $5 million claim for negligence by his Army physicians, a new law is in place that allows active-duty personnel to seek compensation for harm caused by a military health provider.

A bill dubbed the SFC Richard Stayskal Medical Accountability Act led lawmakers to include these changes in the 2020 National Defense Authorization Act on December 20, 2019. The Act now allows troops (or their surviving family members) to file claims for personal injury or death caused by negligence or wrongful acts by a Department of Defense employed health care provider in a military hospital or clinic.

Wounded Soldier

A Win for Military Members, But Feres Doctrine Still Deserves Full Overturn

Typically, it has been too late for injured military members and their families to find out they can’t hold the Department of Defense (DoD) accountable if they became injured or permanently disabled under the Feres Doctrine. But things are changing. In December, Congress partially overturned Feres, an outdated law which prohibits troops from filing negligence lawsuits against the military. The lawmakers voted on a defense authorization bill that allows victims to file claims in cases of medical malpractice stemming from care received in military hospitals for the first time in nearly 70 years, but unfortunately, still not in other circumstances related to military negligence.

Under this new compromise language, recovery under the Military Claims Act will be expanded to include active duty military with medical malpractice claims from military treatment facilities. More specifically, the American Association for Justice says the bill would do the following:

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