WASHINGTON, D.C. -- A Green Beret with terminal cancer is taking on a new fight on Capitol Hill, hoping to give active duty service members the ability to hold the government accountable for medical malpractice.
- Sergeant First Class Richard Stayskal, an Iraq War veteran, was diagnosed with Stage 3 lung cancer in 2017
- The cancer diagnosis came after, he says, doctors in the military medical system failed to address a mass on his lung despite multiple medical visits over the course of several months
- House lawmakers have introduced a bill - named in Stayskal’s honor - that would allow members of the military to sue the government in the event of medical malpractice in the military system. It would not apply to any mistakes made as part of medical care during combat.
Sergeant First Class Richard Stayskal, an Iraq War veteran, was diagnosed with Stage 3 lung cancer in 2017. It has since progressed to Stage 4 cancer, spreading to his spleen, his liver, his neck, and other parts of his body.
The cancer diagnosis came after, he says, doctors in the military medical system failed to address a mass on his lung despite multiple medical visits over the course of several months. Left untreated, the tumor started to grow and spread.
“Originally, I was told by my pulmonologist that if it had been caught earlier and contained into the lung, that it could have been operated on and my outcome would have been extremely different,” Stayskal said. He said the fact that the tumor was not addressed earlier is “inexcusable.”
Despite all of this, Stayskal says he has no real way to hold the military medical system accountable. The reason: the Feres Doctrine, which stems from a 1950 Supreme Court case.
Among other things, the Feres Doctrine bars active duty service members from suing the government for malpractice. Supporters say the it prevents frivolous lawsuits, though now some lawmakers want to see change.
House lawmakers have introduced a bill - named in Stayskal’s honor - that would allow members of the military to sue the government in the event of medical malpractice in the military system. It would not apply to any mistakes made as part of medical care during combat.
North Carolina Congressman Richard Hudson, who represents Fort Bragg where Stayskal is based, is among those pushing for the legislation. It so far has co-sponsors from both sides of the aisle.
“Not only do we want to provide this civil rights to all soldiers, I hope this will also serve as a deterrent for the medical providers in the military system to know that there is greater scrutiny on you, that you will be liable if you make a mistake,” Hudson said.
In an interview, Hudson dismissed concerns about frivolous litigation, arguing that there is already a review process for potential lawsuits under the Federal Tort Claims Act.
Stayskal, who is a father of two, testified before a House panel in late April, detailing what happened to him. “The hardest thing I have to do is explain to my children, when they ask me, 'This doesn't make sense, how is this happening?'” he said.
Since the bill was rolled out, Stayskal has been at work, spending what little time he has left making the rounds on Capitol Hill, urging lawmakers to support the legislation.
“I swore to take a stand against foreign and domestic enemies, and right now I’m doing just that,” he said. “It wasn’t fair what happened to me, but it’s not fair if it continues to happen.”
The Pentagon did not immediately return a request for comment about Stayskal or the proposed legislation.