The Richard Stayskal Military Medical Accountability Act: FAQs

When it comes to suing the federal government for personal injuries, claimants usually face difficult legal hurdles. It wasn’t until 1946, for instance, with the passage of the Federal Tort Claims Act (FTCA), that individuals could sue the federal government if they were injured as the result of the wrongful conduct or negligence of a federal employee.

Even so, the FTCA has its limitations. The Feres doctrine is a significant one. This judicially created legal principle prevents service members injured while on active duty from bringing a claim under the FTCA. Until recently, this exclusion meant service members who were injured as a result of medical malpractice while receiving treatment from a military medical treatment facility couldn’t seek redress from the government.

That changed in 2019 with the Richard Stayskal Military Medical Accountability Act. These FAQs discuss some of the most common questions about the relatively new law, including how it works and its limitations. If you believe you might have a claim, contact The Doctor Lawyer Team.

What Is the Richard Stayskal Military Medical Accountability Act of 2019?

Under the Richard Stayskal Military Medical Accountability Act of 2019 (MMAA), service members may now file administrative claims seeking monetary compensation from the government for their injuries. These injuries must be the result of medical malpractice by a Department of Defense (DoD) healthcare provider.

What Types of Claims Are Covered by the MMAA?

An eligible administrative claim for medical malpractice injuries has to meet several conditions:

• The injury must occur at a covered military medical treatment facility. 32 CFR § 45.5(a). This includes facilities such as medical centers, inpatient hospitals, ambulatory care centers, and fixed dental clinics operated by the DoD. 32 CFR § 45.5(b)(1). Medical facilities explicitly excluded from the MMAA include healthcare providers located on ships and planes, as well as battalion aid stations and other deployed settings. 32 CFR § 45.5(b)(2).
• The person responsible for the malpractice must be a DoD healthcare provider. 32 CFR § 45.5©. DoD providers include military medical personnel and DoD civilian employees and contractors.
• The healthcare provider responsible for the injury must have been acting within their official capacity. 32 CFR § 45.5(d). A doctor who guesses at a diagnosis in casual conversation concerning a person who is not their patient would not be acting in their official capacity. A surgeon who leaves a sponge inside the abdomen of a patient after surgery, on the other hand, or a doctor who fails to read a blood test correctly and thus misdiagnoses their patient, would be acting in an official capacity.

Who Can File a Claim?

Only the injured service member may file the administrative claim for compensation resulting from the medical malpractice. If the service member is deceased or incapacitated, then their authorized representative can do so on their behalf. 32 CFR § 45.3(a).

What Evidentiary Burden Must the Claimant Meet to Win Their Case?

The service member must prove by a preponderance of the evidence (which means it is more likely than not) that one or more DoD healthcare providers breached a legal duty, and that the breach of duty was the cause of the injuries. 32 CFR § 45.6(a).

How Long Does a Service Member Have to File a Claim?

Injured service members have two years from the date the claim “accrues” to file a claim. 32 CFR § 45.2©(1). A claim accrues either when the negligent act occurred or when the claimant knew or should have known that their injury was caused by the wrongful act of the DoD healthcare provider, whichever is later. 32 CFR § 45.3©(3).

What Information Must the Service Member Provide When Filing a Claim?

At a minimum, the claim must include the following information:

• The factual basis for the claim and the legal theories demonstrating harm and accountability. 32 CFR § 45.4(b)(1).
• The amount of money demanded as compensation. 32 CFR § 45.4(b)(2).
• If applicable, an affidavit from the claimant’s attorney or representative confirming they have the authority to file the claim on the claimant’s behalf. 32 CFR § 45.4(b)(3) and (4).
• Unless the medical malpractice is within the general knowledge of a layperson, an affidavit from the claimant (or the claimant’s attorney) affirming that they discussed the case with a healthcare professional and that professional stated that the DoD healthcare provider breached their duty of care, and that that breach caused the alleged injuries. 32 CFR § 45.4(b)(5).
  Note: The Doctor Lawyer Team relies on in-house medical expertise, and this is what sets us apart. Dr. Michael Giordano often provides an expert opinion as part of the claims we submit on behalf of clients, and we work closely with numerous medical providers in a variety of specialties (e.g. OB/GYN, oncology, dental etc.).

The claimant may also choose to submit more information to support the claim. This can include information about additional medical care they obtained, medical opinions from non-DoD healthcare professionals, and information relating to the pain, suffering, or other harm they believe was the result of the medical malpractice. 32 CFR § 45.4( c ).

Is There Discovery After Filing a Claim?

No, although claimants may obtain copies of the medical and personnel records in the DoD’s possession. 32 CFR § 45.4(e).

How Much Can a Claimant Recover Under the MMAA?

• The answer here depends on a complex set of factors and formulas used by the government, such as the DoD Disability Evaluation System. 32 CFR § 48.8(a). That said, the claimant could potentially recover the following damages under the MMAA:
  Economic damages. 32 CFR § 45.9(a). Economic damages include past and future health and medical expenses; loss of past and future earnings; loss or reduced retirement income and benefits; compensation when the injured party can no longer perform household services on his or her own behalf; and in some cases lifecare plans for catastrophic injuries. There is no cap on economic damages.
• Non-economic damages include pain and suffering; physical discomfort; mental and emotional trauma or distress; loss of enjoyment of life; physical disfigurement; and the inability to perform daily activities and recreational activities. 32 CFR § 45.10(a). Non-economic damages are subject to a cap that is published in the Federal Register and is frequently updated. 32 CFR § 45.10©. As of July 2024, the cap is $750,000 for non-economic damages.

Also, any damage award a claimant could receive must be offset by any compensation already received from the DoD or Department of Veterans Affairs that relates to the injuries from the medical malpractice. 32 CFR § 45.11(a).

Where Are Claims Filed?

Injured service members should file their claims with their respective Military Departments. 86 FR 32194.

• Army: File the claim with either:
  • The closest Office of the Staff Judge Advocate —or—
  • The Center Judge Advocate of the medical facility in question —or—
  • The US Army Claims Service (4411 Llewellyn Avenue; Fort Meade, Maryland 20755; ATTN: Tort Claims Division)
• Navy: Mail the claim to:
  • The Office of the Judge Advocate General, Tort Claims Unit, 9620 Maryland Avenue, Suite 205, Norfolk, Virginia 23511-2949. Additional instructions are available at https://www.jag.navy.mil/​.
• Air Force: File the claim with either:
  • The Office of the Staff Judge Advocate at the nearest Air Force base —or—
  • The AFLOA/JACC, 1500 W Perimeter Road, Suite 1700, Joint Base Andrews, MD 20762. POC: Medical Law Branch, AFLOA/JACC 240-612-4620 or DSN 612-4620.

Talk to The Doctor Lawyer Team About a Possible MMAA Claim

The Doctor Lawyer Team has years of experience working cases involving military matters, as well as personal injury claims. Dr. Giordano is a boar