Military Service Personnel Can Now File Medical Malpractice Lawsuits

15 January

It does not matter whether you are in the military or not, you should be able to seek compensation if the careless or negligent actions of a medical professional caused you harm. Unfortunately, military personnel has been barred from doing so for far too long. At Kurzban, Kurzban, Tetzeli & Pratt P.A., our Hawaii medical malpractice attorneys want to discuss changes that are about to occur that will benefit military service members harmed by medical mistakes.

A Major Change For Military Service Members

When Army Sgt. First Class Richard Stayskal learned that he had terminal lung cancer, the news did not come from his military doctor. In fact, his military doctor missed the diagnosis altogether. Sgt. Stayskal had to go to a civilian physician in order to figure out what was wrong with him. The military service member also learned that he would be unable to file a medical malpractice lawsuit against the military doctor who missed the diagnosis due to something called the Feres Doctrine. 

The nearly 70-year-old Feres Doctrine is the legal precedent that prevents military personnel from filing medical malpractice lawsuits against military healthcare professionals who make mistakes and cause service members harm. Sgt. Stayskal has worked diligently to change this. He and his wife have traveled monthly from their home in North Carolina to Washington DC to speak to members of Congress and to testify on behalf of changing the law.

They have been successful. The new National Defense Authorization Act (NDAA), which was passed by Congress and signed by the president, will now allow military service personnel to file lawsuits against the federal government for medical malpractice. 

Medical mistakes are not uncommon, whether in the civilian world or in the military community. According to researchers at Johns Hopkins University, medical mistakes are the third leading cause of death in the US. Approximately 250,000 people lose their lives each year and millions more are injured due to preventable medical errors. These mistakes can include surgical errors, healthcare-acquired infections, misdiagnosis, medication mistakes, failure to treat, and more.

Medical mistakes can have lasting impacts on victims who survive, including massive medical bills and life-long disabilities. 

Our Team Is Ready To Help You Through This

If you or somebody you love has served in the military, or is currently active duty, and has been harmed due to the careless actions of a military medical professional, we are here to help. At Kurzban, Kurzban, Tetzeli & Pratt P.A., our Hawaii medical malpractice attorneys are ready to thoroughly investigate your case inward to secure the compensation you deserve. This can include:

  • Compensation for all medical expenses related to the error(s)
  • Lost income and benefits if you are not able to work 
  • Loss of enjoyment of life damages
  • Pain and suffering damages

Anyone injured due to the careless or negligent actions of a medical professional should be able to receive compensation. You can contact us for a free consultation by clicking here or calling 866-377-3676.

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Jed Kurzban Esq

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