Imagine this: You enlist in the military and spend years of your life putting your blood, sweat, and tears into your nation’s future….

And then, disaster strikes. You get injured or receive a bad diagnosis. Shouldn’t your level of commitment be met with the same level of medical treatment? 

America’s veterans deserve the best. Unfortunately, that’s not what they’ve been getting. Thanks in part to a lack of patients (most military hospitals serve young and healthy populations), surgeons aren’t able to keep up on their surgical skills. This causes surgeons to make more frequent medical errors. 

Even worse, for the last 70 years, an active member of the military hasn’t been able to file a case for medical malpractice. Without accountability, standards are bound to slip.

Thankfully, things are changing.

The Feres Doctrine

70 years ago a law known as the Feres Doctrine was put into motion, by the Supreme Court.

This law has barred active service men and women from filing a case against the government for damages incurred against them.  Unfortunately, the law was misinterpreted and also took away active duty service member’s right to sue for medical malpractice. Who knows the number of service men and women who were either harmed or lost their life at the hands of a military physician. No one was held responsible, leaving victims without a voice for far too many years.

Thankfully a lot has changed in the last few months. Largely in part to a terminally ill soldier who wouldn’t give up his fight to see this law repealed. In the next few sections we’ll talk about this brave man and what this means for members of the military.

A Story of Tragic Neglect

This is the story of Green Beret Richard Stayskal, who fought hard on the battlefield and now fights hard for his life and to see change.

In 2017, Stayskal began having breathing troubles. “While I was sleeping I felt like I was drowning,” says Stayskal. Alarmed by his condition he checked himself into Womack Army Hospital in Fort Bragg, North Carolina. A CT Scan was ordered but doctors brushed off his concerns. A few months later, after becoming unconscious, Stayskal’s wife rushed him back to the same hospital.

Doctors re-evaluated Stayskal’s condition and the CT Scan that was done a few months prior. But get this,  medical records from the second visit reportedly indicate the staff noticed a possible mass and were going to recommend a biopsy, but never communicated any of this to Stayskal or his wife. They told Stayskal he had a minor case of pneumonia and was free to leave.

It wasn’t until his visit with a civilian  pulmonologist that he was diagnosed with Stage 4 lung cancer. According to Army Times, the mass which appeared on his CT scan should have been noticed, even by a first year resident. It was that obvious. Had the diagnosis come at the initial visit, which was 6 months earlier, Stayskal’s prognosis could have been much different. 

As of November 2018, Sgt. Richard Stayskal was given a life expectancy of at least 1 year. Not nearly enough time for a man still in his 30’s with a wife and two young daughters.

One Last Fight

In a perfect world, this Green Beret wouldn’t spend any of his final days in the halls of government buildings fighting for new legislature. He’d instead be with his family, his friends, the people who he loves. But his sacrifice has been met with success….

In 2019, the House of Representatives repealed the law with a provision inserted in the National Defense Authorization Act or NDAA. Paving the way for service members across America to fight for justice. 

Under the new NDAA provision, malpractice and neglect won’t be left in the dark. Errors will soon come to light and practitioners will be held responsible for maltreatment. 

If You’re A Victim of Military Malpractice

In general doctors are good. Most are in the profession because they want to help people. But like everyone else, they should be held accountable when they make a mistake.

If you or your loved one have been harmed at the hands of a military physician or staff member please reach out to us.  Injuries related to medical, dental, or other healthcare related injuries may be eligible to seek compensation. To read our FAQs about this developing case click here.

You made it home. Five long days in the hospital, and home was the only thing you could think of.

But suddenly there’s a sharp pain in your stomach. It’s unlike anything you’ve ever felt before. You wrack your brain…”Did I take my medicine on time? Did I follow her instructions? Maybe I wasn’t supposed to eat yet…”

A few consults later with another physician and the truth comes to light. Your doctor didn’t just make a mistake that injured you. She hid it to protect herself. But the secrets don’t stop there. Did you know that doctors can hide their mistakes legally as well?

The Stats

Because of incredibly long hours and the general stress of the job, medical errors have become increasingly common. Out of fear of legal consequences, many doctors choose to hide their mistakes.

► More than 1 out of 10 patients are harmed over the course of their medical care. *

► Medical errors result in 250,000 deaths each year. *

► More than 7 out of 10 doctors say they’d admit little or nothing if they made a medical error, and most say they wouldn’t even apologize. *

That means we’ll never know precisely how often doctors make mistakes, because many if not most of them will hide it if they can. Or best case, “admit little.” Yikes. Back to your story.

Differences Between Settling & Going To Court

So. You find out about your doctor’s malpractice and decide to do something about it. You find the right lawyer and suddenly, the ball’s in your court. You have strong evidence and a solid case. They know you’ll win, so they offer you a substantial amount to settle. Finally, your doctor will own up to her mistake and you can move on with your life, right?

Well, not exactly.

Settlements, as you may know, are when cases don’t go to trial. They’re instead resolved outside of the courtroom.  Settlements can get the issue decided, put more money in your pocket, and resolve conflict in the shortest amount of time. The thing is, they usually involve a payment made by the defendant without admitting any fault. So you get justice, just not exactly all of it.

Trials represent a chance for more closure, but are a much lengthier, expensive, and are a public process involving more risk (but potentially more reward.) Litigation costs and attorney fees can add up, eclipsing the additional money gained from the jury award.

The Disturbing Side Of Settling

For starters, settlements keep the issue private. County records will show the case was dismissed, omitting any further details.

The general public is left completely in the dark. Future patients don’t have access to databases like the “National Practitioner’s Data Bank”, which reports settlements and payments made by hospitals and doctors. Since the general public doesn’t have access to this information, malpractice is kept out of sight and out of mind. Future patient’s should know what they’re getting into, right? But how can they?

Settling can also keep you in the dark. No one has to give you the specific details of your own malpractice case.

The flip side, is that settlements can be a great way to end the case quickly and to keep things as drama-free as possible. Plus, there’s no risk of losing the trial. You get compensated, and that’s the biggest thing for many if not most people.

But sometimes, going to trial is the only option.

When To Go To Trial

Trials are when you decide to take your claim to court, allowing a jury of your peers to decide the monetary damages and who is at fault, along with a judge, attorneys, witnesses, and the use of testimonies.

For some, it can be critical to put their doctor’s wrongdoings on public record. It’s the best way to ensure the safety of other patients and the best way to avoid future incidents from happening again.

The fact remains that less than 7% of cases involving doctor malpractice go to a jury. It can also take years to process, which can be a demotivating factor when deciding whether to go to trial or not.

Despite this, taking your doctor or hospital to court over medical malpractice advocates publicly for higher levels of accountability in the professional world, and upholds a standard that is important to maintain.

Discerning Your Best Option

This isn’t the Wild West. No, gone are the days where you reach for a shot of whiskey and clench a twig between your teeth. It’s nearly the year 2020 and we’ve got a MUCH  better way to deal with pain.

We’re talking about Anesthesia, the amazing gift that modern medicine has sealed with a bow and gifted us. Something almost all of us can be thankful for…unless you’re one of the few who’ve experienced it’s terrors.

In this article we’re going to talk about the scary side of Anesthesia…the side we hope you never have to experience.  But first let’s dig deeper into what Anesthesia is and how it helps patients.

The Purpose of Anesthesia

Most healthcare professionals are amazing. They work long hours and deal with stressful situations, all while doing their best to keep patients comfortable and healthy. One of the tools they routinely use is anesthesia. A combination of medications administered through a vein or breathed in, anesthesia is what keeps patients relaxed or even asleep during surgery. 

In case you weren’t aware, there’s actually three forms of anesthesia:

• General anesthesia – Used for major surgeries, this is where you’re completely unconscious and unable to move your body; deep asleep and unaware of what’s happening. 
• Regional anesthesia – Think a C-section, where a large part of the body is numb, but you’re still awake. 
• Local anesthesia – Nearly the same as regional anesthesia, except the area under anesthesia is smaller. Local anesthesia is what dentists and eye surgeons routinely use.

When Anesthesia Goes Wrong

Anesthesiologists are responsible for giving patients the correct dose and combination of medications. They’re also there to monitor vital signs. Their job is incredibly important and surgeons rely heavily on their expertise. 

Now, for the most part they do an incredible job, but sometimes things go wrong. Maybe the body just reacts in an unpredictable way and it’s no one’s fault. Other times complications occur because someone didn’t do their job. Maybe they weren’t paying close attention or forgot to do something important.

Something important like:

• Giving too high or too low of a dose.
• Not tracking the patient throughout the procedure.
• Failure to inform the patient how to prepare for surgery. 
• Turning off the pulse oximeter alarm. (This is the device that is usually clamped on your fingertip. It sounds an alert if your heart isn’t pumping enough oxygen to your vital organs.)
• Failure to recognize complications as they develop. Anesthesiologists should be paying close attention to your heart rate, blood pressure, oxygen levels, etc.

Anesthesia Side Effects:

There are a wide variety of side effects. Based on the severity of the medical error and how the body responds, mistakes range from trivial to catastrophic. In some cases they’re even fatal, which is all the more reason anesthesiologists need to exercise extreme caution. Here’s a list of varying side effects:

• Postoperative pain
• Nausea
• Serious allergic reaction
• Sore throat
• Brain damage from a lack of oxygen
• Tooth damage
• Stroke
• Coma
• Heart palpitations
• Hypotension
• Breathing problems
• Nerve injury
• Heart attack
• Death

Have you ever heard of anesthesia awareness?  This is another scary complication where a patient may wake up in the middle of surgery. Unable to speak or move, they have no way to tell the staff what’s happening. Sometimes patients not only hear what’s going on, but feel it. Talk about a nightmare. Patients that have lived through this describe it as horrifying. Take this story from CNN for example:

When Carol Weiher was having her right eye surgically removed in 1998, she woke up hearing disco music. The next thing she heard was ‘Cut deeper, pull harder.’

She desperately wanted to scream or even move a finger to signal to doctors that she was awake, but the muscle relaxant she’d received prevented her from controlling her movements.

‘I was doing a combination of praying and pleading and cursing and screaming, and trying anything I could do but I knew that there was nothing that was working,’ said Weiher, of Reston, Virginia.

Even after surgery, anesthesia awareness can provoke severe emotional distress, and patients may even develop PTSD. 

What to do if You’re a Victim of Malpractice

Anesthesiologists are experts in their field, we all know that. But they make mistakes like everyone else. If you’re the victim of medical malpractice, and the anesthesiologist made an error, they should be held accountable.

Medical errors are unfortunate no matter the severity. They can effect your body in a long term ways, change your emotional state, and seriously alter the trust you once had in medical professionals.

If you or a loved one are the victim of malpractice, it’s important to take swift action. In most malpractice suits there’s a statute of limitations; your time frame  to pursue legal action.

If you have any questions or you’d like to pursue legal action, please contact us. You don’t have to just accept what happened to you. You have the right to defend yourself or your loved one, and claim justice.