Reschenthaler Introduces Bipartisan Bill to Allow Servicemembers to Sue for Medical Malpractice
WASHINGTON, D.C. – Today, Congressman Guy Reschenthaler (R-PA), along with his colleagues Jackie Speier (D-CA), Richard Hudson (R-NC), Jamie Raskin (D-MD), Ted Lieu (D-CA), Markwayne Mullin (R-OK), and Charlie Crist (D-FL), introduced the Sergeant First Class Richard Stayskal Military Medical Accountability Act of 2019. This legislation would allow military servicemembers to bring claims against the federal government for instances of medical malpractice unrelated to their military duties. SFC Stayskal developed terminal lung cancer after being misdiagnosed in a military health facility.
"America's servicemembers and their families make tremendous sacrifices to protect our freedoms, yet we deny them the ability to seek justice for injury or death caused by negligence at military medical facilities," said Rep. Reschenthaler. "I look forward to working with my colleagues in a bipartisan manner to correct this wrong. Our troops deserve better."
Currently, the Feres Doctrine, which arose from a 1950 Supreme Court case, prevents servicemembers from bringing any tort claims against a government employee, including medical malpractice, for serious injuries and deaths. For nearly 70 years, servicemembers have not been able to bring claims against military medical providers after being misdiagnosed, mistreated, or subjected to botched surgeries, even though this malpractice occurred in health care settings in which almost all other Americans have that right.
This legislation seeks to fix the Feres Doctrine by allowing servicemembers and their families to sue the military for medical malpractice. It is important to note that this legislation excludes treatment received in combat, including battalion aid stations or other medical treatment locations deployed in an area of armed conflict.
This bill is supported by the following organizations:
- Military Officers Association of America (MOAA)
- Blue Star Families
- Iraq and Afghanistan Veterans of America (IAVA)
- National Military Family Association
- The Retired Enlisted Association (TREA)
- Sea Service Family Foundation
- Service Women's Action Network
- Center for Law and Military Policy
- Protect Our Defenders (POD)
"By creating an exemption to the Federal Tort Claims Act to allow servicemembers to sue the military for medical malpractice, the Sergeant First Class Richard Stayskal Military Medical Accountability Act of 2019 would give servicemembers the same right as the fellow citizens they serve to protect," said Reschenthaler.
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