Military Medical Malpractice

Justice for Service Members

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Holding Military Health Care Providers Accountable Worldwide

Active-duty service members depend on military medical providers to safeguard their health. When negligent care leads to injury or wrongful death, the consequences can be life-altering. For decades, legal barriers prevented service members from seeking compensation. Today, injured troops and surviving family members have rights and legal avenues to pursue claims — and Younts Law Firm stands ready to represent them no matter where they are stationed.

A History of Medical Malpractice Law in the Military

For the better part of the 20th century, active-duty military members were prohibited from holding the U.S. government accountable for medical malpractice, even when severe injury resulted from negligent care. This stemmed from a 1950 U.S. Supreme Court ruling known as the Feres Doctrine, which interpreted the Federal Tort Claims Act (FTCA) to categorically bar service members from suing the federal government for injuries that arose out of or were in the course of activity “incident to service,” including negligent medical treatment provided at military facilities.

Under the Feres Doctrine, even obviously negligent medical care — such as misdiagnosis, surgical errors, and failure to follow basic standards of care — resulted in no legal recourse for active-duty patients. Civilians, dependents, and veterans historically had more legal options, but the doctrine left active service members with limited remedies.

Statutory Changes That Opened the Door to Claims

Significant legislative change came with the SFC Richard Stayskal Military Medical Accountability Act of 2019, a provision of the National Defense Authorization Act (NDAA) signed into law on December 20, 2019. This Act was named for Sergeant First Class Richard Stayskal — an Army Green Beret whose terminal cancer went undiagnosed due to alleged negligent care at a military hospital. Because of the Feres Doctrine, Sgt. Stayskal could not seek legal recourse under prior law.

The 2019 Act authorizes active-duty service members and, in appropriate cases, surviving family members to file a medical malpractice claim against the Department of Defense for personal injury or wrongful death caused by negligent medical care at a military treatment facility. This marked the first time in roughly 70 years that active service members could pursue compensation for medical malpractice arising from military care.

Although the doctrine has not been fully repealed and certain legal hurdles remain, this statutory change created a defined administrative claims process through which service members may seek recovery for harms resulting from negligent care.

Who Can File a Military Medical Malpractice Claim?

Under current law:

Active-Duty Service Members
Active-duty members of the U.S. Armed Forces can file a medical malpractice claim under the Stayskal Act if they suffer injury or wrongful death due to negligent care at a Department of Defense medical facility or by a DOD health care provider.

Surviving Family Members
In cases of wrongful death, surviving spouses, dependents, or legally authorized representatives may pursue a claim on behalf of the deceased service member.

Veterans and Dependents (Separate FTCA Claims)
Individuals no longer on active duty and military dependents may have separate rights under the Federal Tort Claims Act to pursue malpractice claims against the federal government for care at military facilities or VA hospitals, subject to different administrative requirements.

Timeline for Filing a Claim

Claims under the Stayskal Act must be filed within the statutory deadline established by the applicable military and federal claims process. Generally:

A claim must be submitted within two years of the date the injury was discovered or reasonably should have been discovered.

Timely submission is critical. If a claim is not filed within the applicable deadline, the right to pursue compensation is typically forfeited. Because of this, early consultation with an attorney experienced in military claims is essential to protect legal rights.

Why Choose Younts Law Firm?

Global Reach, Specialized Practice: Younts Law Firm represents active-duty service members worldwide, including those stationed in the United States, Europe, Asia, and deployed environments. We understand the complexities of military law and the unique challenges faced by service members and their families, especially when seeking accountability for negligent medical care.

Unmatched Experience: Our lawyers combine deep knowledge of military malpractice claims with proven legal advocacy. We guide clients through administrative claims procedures, work with medical experts, and pursue the maximum compensation permitted under the law.

Commitment to Service Members: We stand with military personnel and their families during the most difficult times — when negligent medical care has caused preventable harm or loss. Our firm is prepared to mobilize resources and legal expertise to pursue justice on behalf of those who have served.

Get Help Now

If you or a loved one suffered injury due to negligent medical care at a military facility, time to act is limited. Contact Younts Law Firm today to schedule a consultation. We will evaluate your case, explain your rights, and help you take the next steps toward recovery.

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