Beginning January 2020, the National Defense Authorization Act began allowing service members to file claims against the armed forces for alleged medical malpractice in military facilities.
For nearly 70 years, these claims have been prohibited by a Supreme Court ruling known as the Feres Doctrine, leaving no recourse for active-duty service members who suffered from medical malpractice during care on their respective military bases and medical facilities.
Along with this change comes the much-needed relief military personnel and their families who were victims of medical malpractice during their stints in the United States Armed Forces have been waiting for.
While the pursuit of any medical malpractice claim requires the experienced representation from Las Vegas, Nevada personal injury lawyers, service men and women throughout the country are rejoicing from the Act’s provision that treats their employment within the same laws it would other workers’ compensation injuries.
At Bertoldo Carter Smith & Cullen, our law firm applauds the Act for its proactive nature in supplying our military personnel with access to the legal resources they need to fight negligence that occurred during their care.
Why Was the Initial Supreme Court Ruling Overturned?
The ruling was revisited based on a cancer misdiagnosis that was identified as pneumonia when Richard Stayskal, Sergeant 1st Class, underwent a routine physical and CT scan from a Fort Bragg physician at the Womack Army Medical Center.
When his condition did not improve, the 38-year-old Green Beret sought permission to see a civilian specialist and was granted the appointment by his superiors.
That appointment revealed a diagnosis of Stage 3 lung cancer, where he learned the tumor had doubled in size over the six months that had passed since he was diagnosed with pneumonia.
With his family’s future in mind, Stayskal developed a legal team that would pursue — and effectively change — the previous ruling that kept military personnel from pursuing medical malpractice claims.
Get the Legal Representation You Need to Pursue Successful Medical Malpractice Results
At Bertoldo Carter Smith & Cullen, our medical malpractice lawyers understand that a cancer misdiagnosis can change your life and lead to long-term medical care requirements or wrongful death that leaves families reeling from the outcome.
While all Americans previously had access to legal representation when this type of negligence occurred, we welcome our military personnel to enjoy the same rights to pursue the administrative claims process when they have suffered harm from medical malpractice.
With the changes brought to life by the Act, military personnel have the authorization to pursue uncapped economic and non-economic damages for their injuries resulting from medical malpractice
The National Defense Authorization Act covers more than new military medical malpractice cases. The Act is retroactive and covers military personnel who were affected by medical malpractice starting in 2017 to submit a claim for financial recovery.
If you have been the victim of medical malpractice by an Armed Forces physician, facility or while on a U.S. military base, contact our Clark County personal injury attorneys at Bertoldo Carter Smith & Cullen today at (702) 505-8115 to schedule a free consultation, so we can thoroughly review your case and eligibility to hold the proper party accountable for your financial recovery.