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Military Members Will Soon Be Able To File Medical Malpractice Claims

Jan 15, 2020 Brown Moore Medical Malpractice

Military service members have been unable to file medical malpractice lawsuits against military medical professionals who cause them harm. That is about to change thanks to a new law that Congress passed. At Brown, Moore & Associates, PLLC, our Charlotte medical malpractice attorneys know that this marks a major change and policy and could be greatly beneficial to the many thousands of current and former military service members in North Carolina. We are always here to help those who have been harmed due to a medical mistake.

A Fort Bragg soldier has fought for this change

Army Sgt. First Class Richard Stayskal believes he is the victim of a missed diagnosis. Sgt. Stayskal has terminal lung cancer that he says military doctors missed in 2017. When he finally discovered that they missed the diagnosis, he also learned that he was prevented from filing a medical malpractice lawsuit against them.

The Feres Doctrine has been in place for nearly 70 years and “precludes troops from suing the federal government for injuries deemed incidental to military service.” This means that Military service members are prevented from filing medical malpractice lawsuits against any military healthcare professional that makes a mistake and causes them harm.

Sgt. Stayskal and other military service members have been pushing for a change. He and his wife have been driving 330 miles from Ft. Bragg in North Carolina at least once a month for over a year to meet with members of Congress and testify in support of a change in the law. That change has now come through the National Defense Authorization Act (NDAA). A new provision in the law now allows military personnel to file medical malpractice lawsuits and recover compensation medical mistakes that caused them harm.

Just like civilian medical professionals, doctors, surgeons, and other healthcare personnel in the military can make medical mistakes. This includes surgical errors, medication mistakes, failed or missed diagnosis, failure to treat, and more. Now, military service members throughout the country and here in North Carolina will be able to pursue the compensation they deserve if they are harmed by a military medical professional.

These mistakes harm people on a regular basis. Researchers at Johns Hopkins say that as many as 250,000 people are killed each year, and millions more are injured due to medical mistakes.

Let us help you through this today

If you or somebody you care about is a military service member and has been harmed due to a medical mistake caused by a military healthcare professional, seek legal assistance today. At Brown, Moore & Associates, PLLC, we are dedicated to helping military service personnel secure the compensation they are entitled to after a medical error. This can include:

  • Coverage of all medical expenses related to the mistake
  • Any future medical expenses
  • Recovery of lost income if you are unable to work
  • Pain and suffering and loss of enjoyment of life damages
  • Loss of consortium

When you need a Charlotte medical malpractice attorney, you can contact us for a free consultation by clicking here or calling us at 800-948-0577.