Posted on Dec 14, 2019
Terminally ill Green Beret wins victory in battle to file claim against military for alleged...
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For the past year, Sgt. 1st Class Richard Stayskal has been fighting for justice.
While battling terminal stage 4 cancer -- which he said stemmed from military doctors failing to tell him about a tumor in his lung -- he has also been working with lawmakers to ensure that his family and other members of the military get the compensation they deserve for alleged medical malpractice.
Active-duty members of the military have not been able to make a claim against the government for nearly 70 years under the Feres doctrine, based on a controversial 1950 Supreme Court decision, but this week Stayskal appears to have achieved a victory in his efforts to change that.
New legislation, which was agreed upon by Congress and which made it into the National Defense Authorization Act (NDAA), will allow for members of the country's armed forces to file a claim against the U.S. and receive compensation if they were subjected to "negligent or wrongful" medical treatment at a military facility, according to a portion of the NDAA.
"It's kind of a little surreal," Stayskal, a 38-year-old father of two from Pinehurst, NC, told ABC News in a telephone interview.
While battling terminal stage 4 cancer -- which he said stemmed from military doctors failing to tell him about a tumor in his lung -- he has also been working with lawmakers to ensure that his family and other members of the military get the compensation they deserve for alleged medical malpractice.
Active-duty members of the military have not been able to make a claim against the government for nearly 70 years under the Feres doctrine, based on a controversial 1950 Supreme Court decision, but this week Stayskal appears to have achieved a victory in his efforts to change that.
New legislation, which was agreed upon by Congress and which made it into the National Defense Authorization Act (NDAA), will allow for members of the country's armed forces to file a claim against the U.S. and receive compensation if they were subjected to "negligent or wrongful" medical treatment at a military facility, according to a portion of the NDAA.
"It's kind of a little surreal," Stayskal, a 38-year-old father of two from Pinehurst, NC, told ABC News in a telephone interview.
Terminally ill Green Beret wins victory in battle to file claim against military for alleged...
Posted from abcnews.go.com
Cancer
Lawsuit
Medical
Health
Posted 5 y ago
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If you receive treatment, or a delay in treatment, or medical staffmisdiagnosed a condition that has worsened substantially, there are options to consider if you are a veteran-not active duty.
Depending on the employment status of the staff member, you may be able to file a claim against the VA
. If the staff member is contracted by the VAMC, then such contractor be sued directly by state or federal courts. A employee of the VA Medical Center cannot be sued individually, but rather can sue the Federal Government...under the FTCA(Federal Tort Claims Act)...If you have any questions ask away.
Depending on the employment status of the staff member, you may be able to file a claim against the VA
. If the staff member is contracted by the VAMC, then such contractor be sued directly by state or federal courts. A employee of the VA Medical Center cannot be sued individually, but rather can sue the Federal Government...under the FTCA(Federal Tort Claims Act)...If you have any questions ask away.
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