can I sue the government for medical malpractice or negligence?

SPC Angel Kamysz — Thu, 19 Mar 2020 16:31:45 -0400

The Army got my diagnosis wrong and missed the diagnosis early on..now I suffer from 3 different heart conditions and endured shots into my chest which only made my life and health worse. I'd like to share more on this if anyone is willing to listen or even point me in the right direction.

Response by LTC Jason Mackay made Mar 19 at 2020 5:16 PM

LTC Jason Mackay — Thu, 19 Mar 2020 17:16:34 -0400

The Stayskal act will change the Feres Doctrine that prohibited you from doing so. https://www.congress.gov/bill/116th-congress/house-bill/2422?q=%7B%22search%22%3A%5B%22hr.+201%22%5D%7D&s=1&r=93

The NDAA for FY20 built in a provision for a claims process for military malpractice. I would retain civilian counsel. I'd also ask about trying to use the existing complaint process.

Meanwhile, I'd look up whafor the NDAA says on it. It's brand new, signed into law in December 2019. Not sure anyone has really stress tested yet.

Just a moment...

Response by CPL Kimberly Trahan made Mar 19 at 2020 6:25 PM

CPL Kimberly Trahan — Thu, 19 Mar 2020 18:25:18 -0400

Would love to know the answer to this

Response by SPC Angel Kamysz made Mar 19 at 2020 7:50 PM

SPC Angel Kamysz — Thu, 19 Mar 2020 19:50:57 -0400

So here's what happened in short.
I passed out one day in Korea and went off post to an ER. After that - every day for 4 years I had chest pains. I endured steroid shots into my chest. I did a lot to try and fix this and be better. After not being able to do my job in the Army, I got medboarded- for chest pains. 2 years with the VA and pretty much the same except I got told by patient advocate to "shut the hell up" and countless other stupidity. After having holter monitor from the va for the last time ( mind you, it kept beeping at me every day and all day) I decided to finally go and get a second opinion for the first time. Within 10 days of their holter monitor I was diagnosed with 3 different heart problems and I have angina. After being put on blood thinners and a medication for my angina - I finally have not had chest pains for 15 days in a row. that's a record in the last 4.5 years. This is what happened and I went through my records and it clearly shows the results of holter monitor which have the same things that I have now. I have about 75 pages of evidence of this through out the army and the VA.

Response by SPC Diana D. made Mar 19 at 2020 10:22 PM

SPC Diana D. — Thu, 19 Mar 2020 22:22:44 -0400

SPC Angel Kamysz You can file a 38 U.S.C 1151 claim against the government. Look up an 1151 Claim and you will find more information. It is not an easy course of action. Also you need to find a Service Organization that can help you with the process. If you would like some more info you can email here and I will try and give you as much info as I can.

Response by SGT Alexander Brigham made Mar 20 at 2020 10:35 AM

SGT Alexander Brigham — Fri, 20 Mar 2020 10:35:10 -0400

I wish you the best of luck Im still dealing with my knee been 10 years and it finally got replaced at 30yo which is super young but it was that messed up from not being treated in the first place.

Response by Lt Col Jim Coe made Mar 20 at 2020 6:51 PM

Lt Col Jim Coe — Fri, 20 Mar 2020 18:51:27 -0400

What are the three heart problems? Are any of them genetic?