TAMPA, Fla. (WFLA) – Illegal immigrants have the right to sue doctors for malpractice in this country and prisoners have the right to file malpractice litigation against doctors at correctional facilities, but America’s active-duty service members do not have the right to hold bad military doctors accountable.
A federal law called the Feres Doctrine prevents such lawsuits by active-duty military.
Army doctors failed to notify Sgt. 1st Class Rich Stayskal, a Green Beret, about a spot on his lung. He is now dealing with stage 4 cancer.
The U.S. House of Representatives voted to change the Feres Doctrine. Now its fate lies in the hands of the Senate.
A former military prosecutor contends there is no need to change the Feres Doctrine, saying there is a fair system in place that compensates people for negligent acts by service members. It is called the Federal Torts Claims Act.
In a letter to Sgt. Stayskal, the Department of the Army wrote: “The claim was considered under the Federal Torts Claims Act.”
“Pursuant to Feres v United States, service members are not proper claimants for personal injuries arising incident to their military service.”