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Military Medical Malpractice Claims

Posted on January 27, 2020

Womack Army Medical Center was the subject of a misdiagnosis claim by Army Sgt. First Class Richard Stayskal

A new law allows members of the military or their survivors to seek compensation from the government for harm caused by Department of Defense medical providers, according to an article in the Military Times. The SFC Richard Stayskal Medical Accountability Act, signed into law on Dec. 20, 2019, opens the door for the first time for members of the military to file a medical malpractice claim.

The act is named for Army Sgt. First Class Richard Stayskal, a former Marine and Green Beret, whose growing lung mass was misdiagnosed as pneumonia by a military healthcare provider. It was later diagnosed by a civilian doctor as stage 4 terminal lung cancer. Stayskal’s $5 million claim was the first one submitted under this law.

The new law allocates $400 million toward the effort; the Pentagon, according to the report, is working to establish a procedure for filing, investigating and processing claims.

For civilians, fortunately, there is an established procedure for filing a medical malpractice lawsuit in Philadelphia. Please contact us to discuss what happened to you and how we may be able to help.