Sailors assigned to the U.S. Navy hospital ship USNS Comfort (T- AH 20) treat a patient in casualty receiving aboard the ship. (U.S. Navy/Mass Communication Specialist 2nd Class Stephane Belcher)

The 2020 National Defense Authorization Act would allow service members to seek compensation when military doctors make mistakes that harm them, but they would still be unable to file medical malpractice lawsuits against the federal government.

On Monday night, Congress announced that it had finalized the NDAA, which must be passed by the House and Senate before going to President Donald Trump. If the president signs the NDAA into law, it would mark the first time in nearly seven decades that U.S. military personnel have had legal recourse to seek payment from the military in cases of medical malpractice.

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Dying of cancer, this Green Beret has one last mission: Getting Congress to fight for military medical malpractice reform

"You think you're limited on time? You ought to talk to me about limited time."

Analysis

Sgt. 1st Class Richard Stayskal is dying.

The 38-year-old Green Beret's cancer was missed by Army care providers in 2017, and is now terminal. For the last year he's been fighting to change a decades-old legal rule known as the Feres Doctrine, which bars Stayskal and his family from suing the government for the alleged medical malpractice.

That's why, on Sept. 9 and 10, instead of being home in Pinehurst, North Carolina, with his wife and two daughters, Stayskal was in Washington, D.C. trying to drum up support for his namesake legislation, the SFC Richard Stayskal Military Medical Accountability Act, which would allow service members to sue the government for certain medical malpractice incidents.

Over two days, Stayskal and his attorney, Natalie Khawam, visited the offices of eight senators — Jack Reed (D-R.I.), Chuck Schumer (D-N.Y.), Joni Ernst (R-Iowa), Marsha Blackburn (R-Tenn.), Jim Inhofe (R-Okla.), John Neely Kennedy (R-La.), Martha McSally (R-Ariz.), and Mitch McConnell (R-Ky.).

They had face time with none of them.

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On Tuesday Sens. John Kennedy (R-La.) and Mazie Hirono (D-Hawaii) introduced bipartisan legislation that would allow service members to sue the government for military medical malpractice.

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Richard Stayskal and his wife Megan traveled to the nation's capital to testify on the Feres Doctrine, a 1950 legal rule that bars service members from suing the government for negligence and wrongdoing. (Task & Purpose/James Clark)

Members of Congress on Tuesday heard directly from victims of military medical malpractice who are barred from suing the government due to a decades-old Supreme Court precedent known as the Feres Doctrine.

The list of witnesses included service members, veterans, Gold Star family members, and legal experts who offered emotional testimony during a House Armed Services subcommittee hearing on how the legal rule has barred military victims of medical malpractice from legal recourse.

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DoD photo by Glenn Fawcett

The Army general who racked up nearly $3,000 in charges on his government-issued credit card at strip clubs — and also harassed female subordinates while serving as the defense secretary’s top military assistant — will get to keep his security clearance when he retires, USA Today reported Tuesday afternoon. Color me surprised.  

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U.S. Marine Corps photo

The military’s investigation into Marines’ non-consensual distribution of explicit photos of their fellow servicewomen is beginning to take shape. On Thursday, Democratic Rep. Jackie Speier of California announced that the Naval Criminal Investigative Service has identified more than one thousand members of the “Marines United” Facebook group that’s become synonymous with misogyny and sexism in the U.S. armed forces.

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