Government 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.