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Bill proposed to overturn Feres Doctrine
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https://speier.house.gov/media-center/press-releases/rep-speier-introduces-bipartisan-bill-restore-military-servicemembers
In part:
"Washington, DC – Today, Congresswoman Jackie Speier (D-CA), along with her colleagues Richard Hudson (R-NC), Jamie Raskin (D-MD), Guy Reschenthaler (R-PA), Ted Lieu (D-CA), Markwayne Mullin (R-OK), Charlie Crist (D-FL), and Greg Steube (R-FL) introduced H.R. 2422, the Sergeant First Class Richard Stayskal Military Medical Accountability Act of 2019, which would allow military servicemembers to sue the Department of Defense for instances of medical malpractice unrelated to their military duties. Currently, the Feres Doctrine, which originated in a 1950 Supreme Court case, prevents servicemembers from having their day in court when malpractice by military health care providers unconnected to combat results in severe injury or even death.
For nearly 70 years, servicemembers have not been able to sue military medical providers after being misdiagnosed, mistreated, or subjected to botched surgeries, even though this malpractice occurred in health care settings in which all other Americans have that right. By creating an exemption to the Federal Tort Claims Act to allow servicemembers to sue the military for medical malpractice, the Stayskal Act would give servicemembers the same right as the fellow citizens they serve to protect. SFC Stayskal developed terminal lung cancer after being misdiagnosed in a military health facility.
“The Feres Doctrine is a travesty,” said Rep. Speier, Chair of the House Armed Services Military Personnel Subcommittee. “It denies servicemembers who put their lives on the line for this country the same access to the justice system enjoyed by servicemembers’ spouses, other federal employees, and even prisoners. Creating an exemption for medical malpractice is long overdue. I’m thrilled to have a bipartisan group of colleagues join me in addressing this injustice for our servicemembers and their families, who bear the burden of service as well.”
The text is available at the above site, and the Bill has not been annotated yet with a number:
"To amend chapter 171 of title 28, United States Code, to allow suit against the United States for injuries and deaths of members of the Armed Forces of the United States caused by improper medical care, and for other purposes.
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sfc. Richard Stayskal 4 Military Medical Accountability Act of 2019’’.
This is great- because there are now 2 Bills -one in Senate ( S 221 - which I have asked the senators to correct) and one in the House regarding VA medical malpractice,the Brian Tally Bill, and I have requested that Congressman Roe support a bill I wrote ,with 4 specific amendents called -"The Rodney F. Simmons VA Malpractice Accountability Act."
Malpractice whether in the Military or the VA health care system is obviously unconscionable !
Sgt Stayskal's story is here:
http://www.fox46charlotte.com/news/local-news/north-carolina-green-beret-fighting-cancer-the-government-over-medical-mistake
My husband's story is documented with the VA OGC, OAWB, via a White House Hot Line discussion,also documented with Congressman Roe, Senators Gardner,Manchin, Moran, Collins, And Cassidy. in past letters to the HVAC, to past VA Secretarys, discussions I had with former Chair H VAC, Cong. Bob Filner, etc etc, and something better be done.
Many of us have veteran adult children. These bills cannot change the fact of wrongful deaths, of veterans, caused by the VA , or as in Sgt Stayskal's case, he is still alive, but the results of the Military malpractice he experienced - will be fatal. We have to think about our nation's future Military men and women who need medical care while they are still inservice, and after service, if they enroll into the VA heath care system.
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https://speier.house.gov/media-center/press-releases/rep-speier-introduces-bipartisan-bill-restore-military-servicemembers April 30, 2019 Press Release In part:
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