New act opens up options for military malpractice victims

| Feb 13, 2020 | Medical Malpractice |

In an interesting change of events, service members are now able to seek compensation for medical malpractice that takes place in military hospitals, according to a report from Feb. 11.

A new federal act, called the Richard Stayskal Military Medical Accountability Act, became a law on Jan. 1. This act was signed as a part of the 2020 National Defense Authorization Act.

Richard Stayskal brought his concerns to a congressional hearing, showing that he had tried for months to receive care for shortness of breath, coughing up blood and chest pains. It wasn’t until he went to a civilian provider that his condition was diagnosed: Stage 3 lung cancer. By 2018, that had advanced to Stage 4, essentially leaving him with a terminal illness. Earlier recognition of the condition may have allowed for treatment since he repeatedly sought help throughout 2017, a year earlier.

This act, created with this man’s name, now allows the military members to file claims against the military if they suffer medical malpractice. Previously, the Feres Doctrine had prohibited military members from holding the government liable for injuries suffered during their time in service.

Today, military members have options. If you’re in the military and suffer from a surgical error, for example, you can now file a claim with the Department of Defense. Then, you can ask for the case to be reviewed and to determine if any mistakes were made. In the case that malpractice is found, compensation can be determined and awarded.

If you’re hurt by a medical error, it shouldn’t matter who you are; you deserve to speak up and seek compensation for the mistakes that were made.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.