Can Active-Duty Military Service Members Sue the United States Army, Navy, or Air Force?
They cannot sue, but they can bring an administrative claim under Richard Stayskal Medical Accountability Act.
Active-duty military service members may not file suit against the United States Army, Navy, or Air Force in federal court. But active-duty military service members do have an alternative to filing a lawsuit if they have suffered injury or death due to the negligence of a federal employee providing medical, dental or health care. Active-duty military may bring an administrative claim for medical malpractice under the Richard Stayskal Medical Accountability Act, and amendment to the National Defense Authorization Act (NDAA) which became law in December of 2019.
For years, certain military family members, veterans, and civilians have had the ability to file suit against the government under the Federal Tort Claims Act (FTCA), if they have suffered malpractice at a military medical facility. However, a legal rule called the Feres Doctrine has prevented active-duty military members from bringing claims or filing suit under the FTCA for some 70 years now. In the case Feres v. United States, the Supreme Court created a judicial exception that bars active-duty members of the Armed Forces from suing the government via the FTCA. For years, Feres has drawn disapproval from far and wide.
When civilians experience negligent care that results in injury or death, filing a medical malpractice lawsuit provides some compensation for the injured person and their family. Historically, active duty military personnel were denied the right to bring military medical malpractice claims. Now, laws have changed, allowing active duty service members to bring claims and hold negligent military medical providers responsible for their carelessness.
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Can Active-Duty Service Members Sue the Military?
At this time, active-duty service members still cannot sue the military in court. However, the Richard Stayskal Medical Accountability Act, an amendment to the National Defense Authorization Act (NDAA) of 2020, finally provides some compensation for active-duty service members who are victims of military medical malpractice. Signed into law in 2019, the law was inspired by SFC Richard Stayskal who was misdiagnosed with pneumonia by doctors at Womack Army Medical Center in January 2017. By the time a civilian doctor diagnosed Stayskal’s advanced stage lung cancer, it had spread to other organs and was terminal.
Under the act, active-duty military service members and their families who have been the victims of medical malpractice may bring an administrative claim under the Military Claims Act against the United States for injury or death caused by a federal employee providing medical, dental or health care for the service member.
Importantly, there is a statute of limitations on your claim. So, time is of the essence. If you are an active-duty military member or a family member and believe you have been the victim of military medical malpractice, please call a qualified lawyer as soon as possible.
What Type of Case Can Service Members Bring Against the Government?
Active-duty members of the Armed Forces can file an administrative claim under the Richard Stayskal Medical Accountability Act for any type of medical malpractice case that meets the following criteria:
- The medical malpractice arose out of a negligent or wrongful act or omission and resulted in the injury or death of a member of the Armed Forces.
- The medical malpractice can be a result of medical, dental or other health care received by the service member at a military medical treatment facility either inside or outside the United States.
- The medical malpractice must have occurred at a military medical facility that is not in an area of armed combat.
- The service member can file the claim or in the case of wrongful death, family members of the service member can file.
- The claim must be filed within two years of the discovery of the malpractice.
But without the right to file suit, the reality is that the United States – the defendant wrongdoer – will get to decide what a claim is worth and whether or not to pay it. In light of this fact, active-duty military and their families should consult a law firm with a strong record when it comes to negotiating settlements with the Department of Defense. If you are active-duty military and have a Military Claims Act claim, contact us for help.
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It is extremely time-consuming and expensive to pursue a complex military case, but our firm can skillfully guide you through the litigation process. Contact our attorneys today to schedule a consultation.