Green Beret’s Case Weakens Feres Doctrine, Will Allow Military Members to Receive Compensation for Malpractice Injuries
Sgt. 1st Class Richard Stayskal, served in the military for 14 years and was a member of the Green Berets. He is now fighting stage 4 terminal cancer after his military doctors at Womack Army Medical Center in Fort Bragg misdiagnosed his illness despite noticing a tumor in his lung. Stayskal attempted to sue the Department of Defense for medical malpractice but was met with the Feres doctrine. The law is based on 70-year-old Supreme Court decision that says active-duty military members are not able to make a claim against the government. Luckily, Stayskal’s ongoing fight alongside congressional lawmakers will help change that.
On Monday, December 16, 2019, a final National Defense Authorization Act (NDAA) was released including an amendment that will allow for members of the country’s armed forces to now file a claim against the U.S. and receive compensation if they were subjected to negligent or wrongful medical treatment at a military facility.