Reinstein, Glackin & Herriott, LLC
Schedule an initial consultation:
301-850-7349 |
As our community begins the next phase of re-opening, we at Reinstein, Glackin & Herriott, LLC want to update you on the steps we have taken to ensure service continuity for our clients, and to prepare new ways to safely conduct business and serve our clients. Read More.

Medical malpractice claims may become possible for the military

It is no secret that a person serving in the military risks being injured in the line of duty. People enlist in the military in Maryland knowing of the risk, and by signing they acknowledge that they cannot hold the military liable for injuries suffered during their service. This absolves the military from being cited for medical malpractice. This has been the case since the Supreme Court ruled in 1950 that members of the military could not sue for injuries that were perceived to be a result of medical malpractice on the part of the military. This could change if pending legislation known as the 2020 National Defense Authorization Act becomes law.

The legislation was inspired in part by the story of Sergeant 1st Class Richard Stayskal. After experiencing breathing problems, he went to a military emergency room and an X-ray was taken, resulting in a diagnosis of pneumonia. He returned to the same emergency room a few months later, still experiencing breathing problems. An X-ray showed a tumor on his lung and a review of the first X-ray revealed the tumor had been present in that X-ray but had been missed.

The pending legislation would allow the Secretary of Defense to settle and pay claims brought against the military for medical misdiagnoses by military physicians. The pending legislation is retroactive to Jan. 2017. It is an important first step.

Members of the military in Maryland know they can be injured in the field of war, that it is a risk of the job they signed up for. They do not sign up for death sentences that can result from medical misdiagnoses. The legislation is moving through Congress, is expected to pass and to be signed into law. Being able to file a medical malpractice claim may help to bring some feeling of justice those to suffering with advanced cancer diagnoses that were missed in the early stages of the disease.

No Comments

Leave a comment
Comment Information
Email us for A response

Learn How We Can Help You

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Address

Toll Free: 800-237-3137

17251 Melford Boulevard, Suite 108
Bowie, MD 20715

Toll Free: 800-237-3137
Phone: 301-850-7349
Fax: 240-206-9207
Bowie Law Office Map

20 Courthouse Square, Suite 216
Rockville, MD 20850

Fax: 240-206-9207
Rockville Law Office Map

Review Us
When You Need Legal Advice For Life's Most Critical Problems, You Need Our Experience On Your Side.