Hudson Introduces Bipartisan Bill to Restore Servicemembers' Rights
April 30, 2019
FOR IMMEDIATE RELEASE
April 30, 2019
Hudson Introduces Bipartisan Bill to Restore Servicemembers’ Rights
WASHINGTON, D.C. – Today U.S. Representative Richard Hudson (R-NC), Fort Bragg’s Congressman and a voice for veterans, released the following statement after introducing the bipartisan Sergeant First Class Richard Stayskal Military Medical Accountability Act of 2019, a bill named after a Moore County constituent and veteran:
“Representing the men and women stationed at Fort Bragg and their families is one of the greatest honors of my life,” said Rep. Hudson. “My priority is doing right by my constituent Rich and making sure our service members and their families receive the support and top-notch health care they were promised. I admire Rich and the Stayskal family’s courage to advocate for these changes, and I am proud to introduce this legislation today with a bipartisan group of colleagues.”
Rep. Hudson and SFC Stayskal.
The bill would restore the rights of military servicemembers to sue the Department of Defense for instances of extreme medical malpractice unrelated to their military duties. After meeting with SFC Stayskal and hearing his story, Rep. Hudson introduced the bipartisan bill with his colleagues Reps. Jackie Speier (D-CA), Jamie Raskin (D-MD), Guy Reschenthaler (R-PA), Ted Lieu (D-CA), Markwayne Mullin (R-OK), and Charlie Crist (D-FL). 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.
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. This bill reaffirms the protections under the FTCA to prevent frivolous lawsuits while allowing legitimate claims to proceed.
SFC Stayskal developed terminal lung cancer after being misdiagnosed in a military health facility.
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Issues:Defense & National Security