Military Malpractice - 5 Million lawsuit filed

[Berta]

In part:

"Sgt. 1st Class Richard Stayskal, a North Carolina Green Beret, filed a lawsuit against the federal government for medical malpractice in the amount of $5 million Wednesday, one minute after the law that was named after him went into effect.
“We’re grateful that Congress passed our Bill providing our Troops the right to file a claim for medical malpractice,” said Stayskal's attorney Natalie Khawam, in a text message to Fox 46 in Charlotte. “We are proud to be the first to file a claim under our new law, the SFC Richard Stayskal Military Medical Accountability Act.”

In part:

"On Dec. 17, the Senate passed the National Defense Authorization Act (also called, The SFC Richard Stayskal Medical Accountability Act) by a vote of 86-8. President Trump signed the measure into law on Dec. 19."

and

"The law allocates $400 million to the Defense Department to conduct investigations and initiate payouts for each claim internally. This is only reserved for cases unrelated to combat."

full story :https://www.foxnews.com/us/veteran-medical-malpractice-federal-government

 

"

[Vync]

Glad this is in effect for current service members, but it really should be amended so veterans can also file if they were a victim of medical malpractice.

[Berta]

I sure agree.

At least a veteran, if harmed by VA health care, has some options: FTCA and/or  Section 1151,38 USC.

However the "Providers" that are hired by VA as independent contractors, in the medical professions ,are Not VA employees, and do not fall under FTCA. They do fall under 1151 .

There are some very good bills in Senate and Congress that are potentially going to stop some VA malpractice.

S221 was just passed by the Senate.

This bill reintroduced in the House could make a big difference-as the independent medical contractors ( from QTC, LHI, VES) would than ne miale under FTCA if they malpractice on a veteran.

"This Act may be cited as the “Brian Tally VA Medical Care and Liability Improvement Act”.

full text at:

https://www.congress.gov/bill/116th-congress/house-bill/3813/text?r=13&s=1

 

 

Edited January 2, 2020 by Berta
added more