Hudson Secures Landmark Provision in NDAA Allowing Service Members Recourse in DOD Medical Malpractice
December 10, 2019
FOR IMMEDIATE RELEASE
December 10, 2019
Hudson Secures Landmark Provision in NDAA Allowing Service Members Recourse in DOD Medical Malpractice
WASHINGTON, D.C. – Today U.S. Representative Richard Hudson (R-NC), Fort Bragg’s Congressman and a voice for veterans, released the following statement announcing the bipartisan Conference Report for the Fiscal Year 2020 National Defense Authorization Act (NDAA) includes a provision he helped secure to allow service members to seek compensation for medical malpractice unrelated to their military duties and caused by a Department of Defense health care provider:
“When I first met Rich and his family last year, I promised him I’d work hard to fix the injustice of the Feres Doctrine,” said Rep. Hudson. “This is a historic moment for Rich, his family and our men and women in uniform. It’s about fairness and what’s right, and I applaud Rich for his courage and tireless work to get this done. While there’s still more work to do, this is a good start. I encourage my colleagues to support this legislation to help restore the civil rights of all service members.”
Earlier this year, Rep. Hudson introduced the bipartisan Sergeant First Class Richard Stayskal Military Medical Accountability Act of 2019, a bill named after a Moore County constituent and veteran.
Rep. Hudson and SFC Stayskal.
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 service members from having their day in court when malpractice by military health care providers unconnected to combat results in severe injury or even death.
While the NDAA does not fully repeal the Feres Doctrine, it authorizes the Secretary of Defense to allow, settle, and pay an administrative claim against the United States for personal injury or death of a member of the uniformed services that was the result of medical malpractice caused by a Department of Defense health care provider. For the first time since 1950, U.S. military personnel would have legal recourse to seek payment from the military in cases of medical malpractice.
SFC Stayskal developed terminal lung cancer after being misdiagnosed in a military health facility.
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