Can You Sue A Military Doctor For Malpractice
Can You Sue A Military Doctor For Malpractice

Can You Sue A Military Doctor For Malpractice

Can You Sue A Military Doctor For Malpractice – Richard Stayskal forever changed how the military must handle medical malpractice. Now it remains to be seen if those changes will ever work. A combination of coffee or die newspaper.

Master Sgt. Richard Stayskal has spent 20 years in the military, most of that time as a Green Beret, fighting for his country. For the past five years, he has been fighting for the military to finally pay him for the medical malpractice he was accused of while under his care. Despite the success of the law that bears his name, he continues to fight.

Can You Sue A Military Doctor For Malpractice

“For a long time there, I was like, ‘Oh man, people care, people have faith, people just want to do good,'” Stayskal told Coffee or More Magazine. “And now I’m sitting here three years later going, ‘Does anyone really care, or is it just a show for votes or something?’

Military Medical Malpractice Claims Hang In Limbo Despite New Law

Military doctors missed cancerous growths in Skayskal’s lungs when he completed a full physical in January 2017 just before he started dive school. He spent months and months coughing up blood, passing out, and losing his vision, and was eventually dropped from the diving course. All the while, doctors at Womack Army Medical Center told him he just had a walking lung.

In May 2017, Stayskal finally saw a local doctor, who immediately diagnosed him with stage 3A lung cancer. That doctor told Stayskal that the progression of the disease could have been different if he had been examined in January and that all the symptoms were present on his initial tests.

Richard Stayskal stayed with his wife, Megan, and their two daughters. Stayskal will retire in June 2022 and worries how his family will stay afloat amid his health struggles. Photo by Megan Stayskal.

Richard Stayskal retired in May and worries how his family will stay afloat with his health in question. Photo by Megan Stayskal.

Dod Has Not Released Medical Malpractice Claims Process

Richard Stayskal’s Military Medical Accountability Act, which is included in the National Defense Authorization Act of 2020, requires each branch of the military to create a mechanism through which service members who suffer medical malpractice while on active duty can sue. for correction. This is practice for a longstanding legal principle known as the Feres doctrine, which holds that active duty service members cannot sue the US government under the Federal Tort Claims Act.

The new law states that adjudication of claims will follow the provisions of the Federal Tort Claims Act but will be administered by judge advocates in each military branch. The malpractice in question must have occurred at a Defense Medical Center, inpatient hospital, or ambulatory care facility, and the malpractice must have been incurred by a covered DOD health care provider. Claims must be filed within two years of the malpractice in question. This is in addition to three years for the claims filed in 2020 for events in 2017, especially the grandfather of Stayskal’s claim in the program.

Payments of up to $100,000 will be distributed directly from the Department of Defense, while larger payments will come from the Department of the Treasury. Any damages will be offset by payments from other programs, such as group life insurance, death benefit, survivor benefit plan, and Department of Veterans Affairs disability compensation.

But according to Stayskal’s lawyer, Natalie Khawam, no claims are approved even under strict provisions.

Soldiers Should Be Able To Sue Military Doctors For Poor Medical Care, Rick Scott Says

The DOD did not respond to Coffee or multiple requests for comment, but a DOD representative told news station WTVD-11 in February 2021, “The final rule allowing certain medical malpractice claims by Service members was published in the Federal Register on May 17, 2021, and became effective on July 19, 2021. The Department of Defense has been adjudicating the charges against it since January 1, 2020, including making decisions on charges.”

About his interactions with lawmakers who support passing the bill, Stayskal said “the updates I always get are, ‘We’re submitting requests,’ or, ‘We’re waiting for this NDAA to pass, we’re and be busy with other things.’

“If you put your name on it and you don’t fight with all your heart for this to end, I’m not sure why anyone would put their name on it. I hate things like that, but at this point, it’s like , assure me otherwise.”

“My body is still responding well to my medication, so I’m stable for now, which is good,” he said. But the cancer has progressed to stage 4 and is terminal.

Va Medical Malpractice (ftca) & Appeals

He is looking forward to his chance to spend more time with his wife and two daughters after he retires from the Army in June, but he worries about their financial future living only on his pension.

“It’s not that I can’t find a job, but what job can I find that will be okay with the fact that I’m going to have days where I’m not feeling well, or I’m being treated?”

Richard Stayskal and his wife, Megan, worked closely with attorney Khawam Ripka to support other plaintiffs under the Richard Stayskal Military Medical Insurance Act. Photo by Megan Stayskal.

Stayskal and his wife Megan worked closely with the Khwam Ripka law firm to support other plaintiffs under the Richard Stayskal Medical Insurance Billing Act. Photo by Megan Stayskal.

Green Beret’s Cancer Battle Changes Medical Malpractice Law For Members Of The Military

Stayskal’s wife, Megan, now works for Khawam Ripka, the law firm that represented Stayskal and 100 other families suing the Department of Defense for medical malpractice. Many of the plaintiffs reached out to Stayskal for support.

He said he tried his best to give families hope and reassure them that policymakers are working as hard as they can. But sometimes, the words feel like lies. “I know there are people who care. But are they the right people in the right circumstances? “

Stayskal believes the law will be implemented at some point. He just didn’t know when that would be or if he would live to see it.

“In 10, 15, 20 years, no one will think twice about it,” he said. “But now, it’s real. It is very important for an individual’s life.

Can I Sue My Doctor?

Maggie BenZvi is a contributing editor for Coffee or Die. She has a bachelor’s degree in political science from the University of Chicago, a master’s degree in human rights from Columbia University, and has worked for the ACLU as well as the International Rescue Committee. He also completed a summer journalism program at Northwestern University’s Medill School of Journalism. In addition to her work at Coffee or Die, she is a stay-at-home mom and, importantly, doesn’t drink coffee. Have an idea? Get in touch!

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Military Service Members Can’t Sue For Malpractice

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If you are part of the military, you may wonder what military medical malpractice is. This guide will explain it in detail and how an attorney can help you call a military doctor.

Military malpractice is negligence on the part of a military health care provider that causes injury or death to a patient. If a loved one has been injured or killed due to military medical malpractice, you may be entitled to compensation.

What Is Military Medical Malpractice

One of the most common types of medical malpractice is surgical errors. These may include performing the wrong procedure, operating on the wrong body part, or leaving foreign objects in the patient.

If a military personnel is under anesthesia and something goes wrong, it could be classified as medical malpractice. If a doctor operates on the wrong part or damages the surrounding tissue due to carelessness, it will be unfair.

Diagnosing a patient’s medical condition is a common form of medical malpractice. You may fail to treat the patient promptly or provide the wrong treatment. In any case, the results can be disastrous for the patient.

For example, a delay in diagnosing cancer can cause the disease to progress to a more advanced stage, making it more complicated – and sometimes impossible – to treat. Improper diagnosis can also cause patients to undergo unnecessary tests and procedures, resulting in serious injury or death.

A New Law Allows Troops To Seek Compensation For Malpractice By Military Doctors

One of the standard medical malpractice cases is when a patient is given the wrong medication or dosage. It can happen due to countless factors, such as miscommunication between doctors and nurses or simply because the doctor prescribed the drug.

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