ISSA COUATHORS HERO ACT TO AID SERVICE MEMBERS WHO ARE VICTIMS OF MEDICAL MALPRACTICE

East County News Service 

July 15, 2023 (San Diego) -- Congressman Darrell Issa (CA-48) was joined by House colleagues Richard Hudson (NC-09), Michael Waltz (FL-06), and Jimmy Panetta (CA-19) this week to introduce H.R. 4334 – “The HERO Act.”  If enacted, it would grant service members who are victims of medical malpractice in a Dept. of Defense medical treatment facility the right to take their claim to District Court.

"The HERO Act” is about more than opening an avenue to the courts. It’s about recognizing that service members who are victimized by medical malpractice in a DOD facility are deserving of the opportunities to pursue the kind of justice that is currently denied to them,” said Rep. Issa. “Congress has previously worked to correct this obvious wrong within our system, but it isn’t fixed yet. This time, we’re going to set this right.”

Currently, if an active-duty service member experiences medical malpractice at a DOD medical treatment facility, the available opportunities to seek justice are extremely limited. Service members may file a petition with an in-house DOD panel, but that process has a success rate of less than two percent in favor of the claimant. Right now, spouses of active-duty service members, along with any other person who incurred medical malpractice within a DOD medical treatment facility, may address their injuries before a court, but not those who are actively serving and sacrificing for the nation.

The HERO Act will grant service members who are victims of medical malpractice in a DOD medical treatment facility the right and opportunity to take their claim to District Court—the same legal process as military spouses, DOD civilians, and anyone else. It will finally reform the current failing system and replace it with one that gives our military the fair shot at justice they deserve.

“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,” said Rep Hudson. “Service members, 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. I am proud to introduce the HERO Act with my colleagues so our nation’s veterans who are victims of malpractice from a DOD medical treatment facility can receive the compensation they deserve.”

“Our nation’s servicemembers sacrifice so much to protect our country and freedom,” said Rep. Waltz. “It is unacceptable for them to slip through the cracks when it comes to the medical care they deserve, especially by the Department of Defense. That is why I am proud to join my colleagues on both sides of the aisle in support of the HERO Act to improve the process for medical malpractice claims by servicemembers to ensure they receive the compensation they deserve.”

“Although the SFC Richard Stayskal Military Medical Accountability Act improved the process for medical malpractice claims by servicemembers, it can still leave some victims with limited options for compensation,” said Rep. Panetta.  “The HERO Act would allow those servicemembers who suffered medical malpractice at a Department of Defense facility to file the appropriate claims and ensure that they are efficiently assessed by the DOD.  Such an expansion and enhancement to the claims process is necessary for our servicemembers and deserved for their service."

The measure has been referred to the House Judiciary Committee.