Rep. Hudson files follow up bill after Green Beret's medical malpractice claim denied

North Carolina Rep. Richard Hudson and others filed a bipartisan bill Thursday after a Fort Liberty soldier’s medical malpractice claim was denied earlier this year.

Hudson, whose district includes Fort Liberty (formerly Fort Bragg), introduced the Healthcare Equality and Rights for our Heroes (HERO) Act, along with Reps. Darrell Issa, a California Republican; Jimmy Panetta, a California Democrat; and Michael Waltz, a Florida Republican.

The act would grant servicemembers who are victims of medical malpractice in a Department of Defense medical facility the right to take their claim to District Court, according to a news release.

Why new bill was filed

The more than 70-year-old law known as the Feres Doctrine has prohibited military service members from suing the federal government.

Hudson filed the Richard Stayskal Military Medical Accountability Act in 2019 along with California Democrat Rep. Jackie Spier, who retired in 2022.

Stayskal has said his stage-four cancer was misdiagnosed as pneumonia and missed in April 2017 by medical providers at Womack Army Medical Center.

The Stayskal Act, which was included in the fiscal year 2020 National Defense Authorization Act, allows military officials to review on a case-by-case basis claims of personal injury or death caused by a Department of Defense health care provider. 

During a news conference in March, Hudson and others said the military has misinterpreted the Stayskal Act by denying medical malpractice claims like Stayskal’s.

Fort Bragg Green Beret who had bill named after him has medical malpractice case denied

“The law that gave hope to Rich Stayskal and hundreds of military families who have been harmed by medical negligence has been outright ignored by the DoD,” Hudson said in a statement this week. “Servicemembers, such as Rich, kept their promise to us, they served honorably, and they deserve the best we have to offer them and that’s not what they’re getting.”

Staykal’s claim was denied by the Army earlier this year. He was offered $600,000 this month, compared to $40 million that was asked for.

“The DoD is failing our constituents and their loved ones, and most don't have time on their side,” Hudson said. “Ensuring our military families and veterans have the resources they deserve are some of the most important duties we have in Congress.”

Hudson said he introduced the HERO Act with his colleagues to ensure “veterans who are victims of malpractice from a DoD medical treatment facility can receive the compensation they deserve.”

Staff writer Rachael Riley can be reached at rriley@fayobserver.com or 910-586-3528.

This article originally appeared on The Fayetteville Observer: Hudson files another bill after Green Beret's malpractice claim denied