Wikipedia

SFC Richard Stayskal Military Medical Accountability Act of 2019

The SFC Richard Stayskal Military Medical Accountability Act of 2019 (H.R. 2422, S. 2451), allows active duty members in the Armed Forces to file medical malpractice claims against the Department of Defense (DOD) for injuries and deaths caused by medical malpractice at DOD hospitals.[1][2][3]

Background

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The Bill was introduced by Congresswoman Jackie Speiers on April 30, 2019.[4] The Senate Bill was introduced by Senator John Kennedy and co-sponsored by Senator Rick Scott. It was included and passed in the House NDAA of 2020, in August 2019.[5] It made it into the NDAA Conference Report on December 9, 2019, and then signed into law by President Donald Trump on December 20, 2019.[6] The SFC Richard Stayskal Military Medical Accountability Act of 2019 allows active duty members to file a claim for medical malpractice or wrongful death if they are victims of medical malpractice at a DOD hospital.[7][8]

The Bill was named after Sergeant First Class Richard Stayskal, who was suffering from terminal lung cancer because military doctors twice failed to inform him of his cancer. Stayskal was unable to file a lawsuit against the military due to a 70-year-old Supreme Court ruling called the Feres Doctrine.[9][10]

Stayskal retained Attorney Natalie Khawam to represent him in his medical malpractice case. Attorney Khawam decided to draft a Bill in her client name and lobby Congress to change the Feres Doctrine.[11][12][13]

On December 20, 2019, President Donald Trump signed the National Defense Authorization Act into law that allows service members to file a claim for medical malpractice at military facilities. Active duty members now have a right to file a medical malpractice claim and be compensated.[14] This Bill partially overturned the Feres Doctrine, which had never been successfully challenged before this Bill.

Response

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The bill was well-received by the media and was heralded as a required measure to provide appropriate compensation to the military personnels. Natalie Khawam worked on the proposed amendment and received media coverage from the New York Times, ABC News, NBC News, National Public Radio, Fox News, Bloomberg News and several others.[15]

References

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  1. ^ Philipps, Dave (2019-12-11). "U.S. Troops Could Soon Be Able to Sue Over Medical Blunders". The New York Times. ISSN 0362-4331. Retrieved 2020-03-18.
  2. ^ "New Law Permits Military Members To Seek Settlements For Medical Malpractice". NPR.org. Retrieved 2020-03-18.
  3. ^ Grant, Matt (2019-11-25). "Bill that would help U.S. troops get compensated for medical malpractice one step closer to becoming law". FOX 46 Charlotte. Retrieved 2020-03-18.
  4. ^ "Navy Documents Raise Questions of Care in Local Sailor's Death". NBC Bay Area. Retrieved 2020-03-18.
  5. ^ "Bill giving soldiers right to sue for medical malpractice passes House". FOX 46 Charlotte. 2019-07-16. Retrieved 2020-03-18.
  6. ^ "U.S. soldiers couldn't file claims against DOD doctors — until now". NBC News. Retrieved 2020-03-18.
  7. ^ Riley, Rachael. "Fort Bragg soldier's medical malpractice case makes way in annual federal budget". The Fayetteville Observer. Retrieved 2020-03-18.
  8. ^ "Military families can't sue for medical malpractice. But the law may soon change". mcclatchydc.com.
  9. ^ "New Law Allows Troops To Seek Compensation For Military Doctor Malpractice". Colorado Public Radio. Retrieved 2020-03-18.
  10. ^ "U.S. service members can't sue military doctors, even for fatal errors". NBC News. Retrieved 2020-03-18.
  11. ^ "Terminally ill Green Beret wins victory in battle to file claim against military for alleged malpractice". ABC News. Retrieved 2020-03-18.
  12. ^ "Soldier With Cancer Fights To Change Law Shielding Military From Malpractice Suits". www.news9.com. Retrieved 2020-03-18.
  13. ^ Clark, James. "A new bill in Congress could finally allow troops to sue the military in cases of medical malpractice". Task & Purpose. Retrieved 2020-03-18.
  14. ^ Grant, Matt (2020-02-24). "Military family gets signed copy of new malpractice law after filing wrongful death claim". FOX 46 Charlotte. Retrieved 2020-03-18.
  15. ^ Albert, Victoria (August 13, 2019). "Soldier with cancer fights to change law shielding military from malpractice suits". www.cbsnews.com. Retrieved 2020-03-18.
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