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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Photo illustration by Paul Szoldra/Task & Purpose

It all began with a medical check.

Carson Thomas, a healthy and fit 20-year-old infantryman who had joined the Army after a brief stint in college, figured he should tell the medics about the pain in his groin he had been feeling. It was Feb. 12, 2012, and the senior medic looked him over and decided to send him to sick call at the base hospital.

It seemed almost routine, something the Army doctors would be able to diagnose and fix so he could get back to being a grunt.

Now looking back on what happened some seven years later, it was anything but routine.

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On July 17, Army Sgt. 1st Class Richard Stayskal briefly met with President Donald Trump at a rally in Greenville, North Carolina to discuss the eponymous legislation that would finally allow victims of military medical malpractice to sue the U.S. government.

A Green Beret with terminal lung cancer, Stayskal has spent the last year fighting to change the Feres Doctrine, a 1950 Supreme Court precedent that bars service members like him from suing the government for negligence or wrongdoing.

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Marine veteran Brian Tally has been fighting for the last three years.

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(U.S. Navy/Cameron Pinske)

Editor's Note: This article by Patricia Kime originally appeared on Military.com, a leading source of news for the military and veteran community.

A senator has taken up the cause to negate a controversial court ruling that bars service members from suing the federal government in cases of medical malpractice by military doctors.

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