Active-duty military members have not been able to make malpractice claims against the government for decades due to a controversial 1950 Supreme Court decision. A terminally ill Green Beret appears to have achieved a victory in an effort to change that.
New legislation, which was agreed upon by Congress and which made it into the National Defense Authorization Act , will allow for members of the country's armed forces to file a claim against the U.S.
"There's no way you were gonna ask for the entire thing overhauled," Stayskal said."We took the very narrow approach and said, 'Where can we start?'"Feres has long been deemed a failure of the Supreme Court, even among its justices.that"Feres was wrongly decided and heartily deserves the ‘widespread, almost universal criticism’ it has received," according to the Center for Justice Democracy at New York Law School.
There is no cap for how much a service member can be compensated and the government allotted $400 million over 10 years, Speier said. Family members can file a claim if their loved one has died as a result of the medical malpractice. Speier said that while the provision will be beneficial for all military members, it was Stayskal she had in mind most during the fight.
In January 2017, Stayskal had gone to the military-operated Womack Army Medical Center in Fort Bragg to be medically cleared for a diving course, according to him and his attorney, Natalie Khawam.
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