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A Historic Victory for Active Duty Service Members!

December 14, 2019

Sgt. Stayskal is a victim of military medical malpractice and is fighting to give others like him the right to sue for his or her injuries. Photo credit: American Association for Justice – The Faces of Feres


An outdated, 70 year old Supreme Court decision called the Feres Doctrine, prevents active duty military from suing for medical malpractice in military hospitals. They are the only class of citizens denied the right to sue for medical malpractice – even federal prisoners and detainees of war have this right.

After nearly 70 years of the Feres Doctrine, servicemembers and their families finally will be able to get compensation for medical malpractice committed by military health care providers. This week the House and Senate Armed Services Committees released a conference report for the 2020 National Defense Authorization Act (NDAA) that includes an administrative claims process that will compensate servicemembers harmed by medical malpractice in military facilities.

The new provisions within the NDAA are anticipated to go into effect once the act is passed by the Senate and signed by the President, which is expected by the end of December.

Terminally ill due to military malpractice, Sgt. 1st Class Richard Stayskal, has been fighting to restore justice for all service members for the past year. This victory is in large part due to his tireless advocacy. As Sgt. Stayskal’s attorney, Natalie Khawam, said, “It’s not a Democratic thing. It’s not a Republican thing, It’s an American thing.”

Rep. Jackie Speier, D-Calif., who introduced the new legislation, called it a “breathtaking win” and “historic victory.”


We look forward to finally being able to say “YES, we can help you” to the many active duty service members who reach out to us looking for justice.  If you or a family member suffered serious injury or death due to the negligence of a military doctor, mid-wife or nurse, we can help. We have been successfully representing military families like you all over the world for the past 32 years. Military medical malpractice is all we do.

For a free, confidential consultation, please call us at 877-695-8757 (calls answered 24/7), e-mail us at LawHelp@MilitaryMedicalMalpractice.com, or fill out the short form on the right side of this page.  



Citations and to read more:

Photo credit: American Association for Justice – The Faces of Feres https://www.justice.org/



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