(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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AP Photo/Alex Brandon

A government official finally put to rest on Tuesday the lazy excuse that if privatized military housing was really that bad, service members would simply move out.

Elizabeth Field, director of the Government Accountability Office Defense Capabilities and Management, told the Senate Armed Services Committee that one of the metrics the Defense Department uses to measure privatized housing success is high occupancy rates.

In a May report, she said, the DoD called occupancy rates indicative of "high level of service member satisfaction and overall success."

That's wrong.

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Sen. Rick Scott is backing a bipartisan bill that would allow service members to essentially sue the United States government for medical malpractice if they are injured in the care of military doctors.

The measure has already passed the House and it has been introduced in the Senate, where Scott says he will sign on as a co-sponsor.

"As a U.S. Senator and member of the Senate Armed Services Committee, taking care of our military members, veterans and their families is my top priority," the Florida Republican said in a statement.

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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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An otherwise sleepy confirmation hearing for Defense Secretary nominee Mark Esper was jolted from its legislative stupor after Sen. Elizabeth Warren (D-Mass.) grilled the former Raytheon lobbyist on ethical issues regarding his involvement with his former employer.

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