Military Members May Now Sue Military Medical Providers for Medical Malpractice
Active duty soldiers and military members are now permitted to file a medical malpractice claim against military medical providers. The law that previously prohibited active duty military member from suing a military medical provider, known as the Feres Doctrine has been overturned. This came about after decades of hard work by attorneys across the country. The new law is known as SFC Richard Stayskal Military Medical Accountability Act of 2019. This reversal of the Feres Doctrine is found in Section 731 of the 2020 National Defense Authorization Act for fiscal year 2020.Attorneys representing the Department of Defense (DOD) in conjunction with the Military Claims Service will attempt to deny even meritorious claims so it is important to have a knowledgeable and experienced medical malpractice attorney representing you. Most attorneys will use a contingent fee, which means they are not paid unless you win. Four hundred million dollars has been set aside to pay approved claims. The law cites that a military member will have two years to file a claim, but do not wait. If you think you have a valid claim, act today!