Dying of cancer, a Green Beret delivers an emotional statement to Congress on medical malpractice in the military

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A new bill in Congress could finally allow U.S. service members to sue the military in cases of medical malpractice.

U.S. Army Sergeant First Class Richard Stayskal had never testified before Congress before and wished it could be under different circumstances. But the former U.S. Marine sniper-turned-Special Forces soldier may not have long to live.

On January 22, 2018, the almost 17-year U.S. military service member would be diagnosed with stage-four lung cancer, a disease that kills more people each year than colon, breast and prostate cancer combined, according to the American Cancer Society. The five-year survival rate for those diagnosed with stage-four lung cancer is less than ten percent.

Richard Stayskal during his Special Forces deployment to Baghdad, Iraq in November 2009. Photo courtesy of Richard Stayskal. The subcommittee chair, Democratic Representative Jackie Speier of California, said she is introducing a bill next week named after Stayskal to amend the Federal Tort Claims Act and pave the way for U.S. service members to sue for medical malpractice rendered outside of warzones. You can read the House bill in its entirety at the bottom of this article.

Attempts by Congress to modify the Feres Doctrine over the past several decades have been unsuccessful, as the justice system repeatedly struck down medical malpractice lawsuits citing the Feres decision. Daniel v. United States is currently under consideration by the Supreme Court and is seen by many as the best legal argument in recent years to challenge the 69-year-old ruling, but only if the nation's highest court elects to hear arguments in the matter.

“There was no timeline, no records of what steps were taken,” Daniel, 39, told the Seattle Times last year. “I’ve had no answers.”

 

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Unconscionable malpractice. These quacks deserve to lose their licenses.

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