Finally, this may be changing, thanks to provisions in the National Defense Authorization Act Congress passed in December 2019. A factor which prompted this change is the testimony of Sgt. 1st Class Richard Stayskal. In April 2019, Stayskal testified before Congress, explaining how physicians at Womack Army Medical Center misdiagnosed his stage-four cancer.

Stayskal initially sought treatment when he developed breathing difficulties during a dive qualification course. The medical care providers at Womack Army Medical Center diagnosed him with pneumonia, overlooking a tumor. By the time a proper diagnosis was made, the cancer had spread throughout Stayskal’s body to the point that saving his life was impossible. Failure to provide a timely diagnosis prevented him from receiving earlier treatment.

Stayskal presented his case with the help of his attorney, Natalie Khawam, and Republican Rep. Richard Hudson. After meeting with Stayskal and hearing his story, Hudson, along with Democratic Rep. Jackie Spier, filed the Richard Stayskal Military Medical Accountability Act of 2019.

Thanks to this new legislation, the Department of Defense is now authorized to pay out up to $400 million in compensation for medical malpractice claims filed by injured or ill military personnel or their families after January 2017.

Hudson explained that the Feres Doctrine was originally established with good intentions. One of its key purposes was to protect medics on the battlefield from being sued. It was reasonably feared that medics would be hesitant to make potentially life-saving split decisions in the heat of battle if they were concerned that errors would result in them being the targets of lawsuits.

It’s important to understand that the Feres Doctrine remains in effect to some degree. The existence of this new bill doesn’t necessarily overturn it. Instead, it provides DoD officials with a means of reviewing individual claims. This, in turn, may allow victims of medical malpractice on the part of the government to receive compensation. Individual claimants can receive compensation up to $100,000. Officials will review each claim on a case-by-case basis to determine how much compensation claimants are entitled to.

Those in a position to seek compensation under this new bill must understand certain details of the process. Although there are many similarities, it’s not exactly the same as the process for filing a civilian medical malpractice claim. Click here for more information about that process.

Those filing medical malpractice claims to recover compensation for injuries and losses sustained during or as a result of military service need to prove that the malpractice of which they were a victim occurred in a DoD medical center, ambulatory care center, or inpatient hospital. Claimants filing after 2023 have three years from the time the medical malpractice occurred to file claims. Claimants filing claims for instances of medical malpractice that occurred between 2017 and 2023 have only two years to file.

When filing a claim, victims or their families must provide a detailed account explaining the nature of the medical malpractice. They’re encouraged to provide a “preponderance of evidence” when doing so.

Claimants must also state how much compensation they’re seeking. Because determining how much compensation one may be entitled to can be a difficult process that involves accounting for a range of losses, it may be wise for claimants to enlist the help of qualified medical malpractice attorneys when putting their claims together. An expert attorney will understand how to calculate an appropriate sum.

The DoD will not require claimants to include an expert opinion when submitting a claim. However, doing so may be a smart choice. The DoD allows claimants to provide “whatever information and documentation they believe necessary to support their claim, as claimants have the burden to substantiate their claims.” If a claimant can submit an expert opinion, it could strengthen their claim.

There are also some restrictions and limitations on claims filed by reservists. For a reservist to file a claim, the injury or condition associated with medical malpractice must have been one that was sustained or developed while they were in a federal duty status.

In general, a claim can also only be paid if it’s determined that there is no way for a claimant to settle their case or otherwise receive compensation under another law.

This is another reason claimants may want to strongly consider working with medical malpractice attorneys. Gathering the necessary evidence and determining whether they should first seek compensation via another means can be challenging if a claimant doesn’t have significant legal experience and a thorough familiarity with all the applicable laws. A claimant may thus have a better chance of receiving the compensation they’re owed if they coordinate with an expert who more fully understands the nuances of the legal system.

It’s also important that a claimant file a claim with the branch in which they serve or have served. For example, Army claims can be directed to the nearest Office of the Staff Judge Advocate, while the tort claims unit of the Office of the Judge Advocate General will handle claims for the Navy and Marine Corps.

The process has also been designed to ensure taxpayers don’t pay for the “same injury twice.” Thus, if a member of the armed forces already received some degree of compensation in the form of benefits, the amount of compensation they’ve received will be deducted from the total value of their claim. For example, if a claim may be worth $10,000, but a claimant has already received $2,000 in VA benefits, the maximum compensation they could receive would be $8,000.

Because this is a very recent development, it’s unclear just how significantly this will impact the lives of injured service members and their families. Still, given the challenges faced in the past, this is clearly an important change in procedure and policy.

The post US Troops and Veterans Can Now File Medical Malpractice Claims Against the Military appeared first on Along the Boards.

Back in 2014, the State of Missouri took the first step to legalize recreational marijuana use. Ever since the state has decriminalized it and has even passed a law that allowed patients that suffer from seizures to use CBD oil.

A year later, in 2015, the state gave two licenses to two non-profits to begin growing medicinal marijuana for oil purposes. It was three years later when the state passed Amendment 2. This law made it possible for citizens to obtain a medicinal marijuana license and made it legal for anyone to consume weed.

Most of the citizens use bongs in order to consume it. There are a few things to keep in mind when buying a bong including size, material, and type as suggested by everythingfor420.com. Also, it is fair to say that smoking with a bong is fairly safe, but you need to keep it clean and maintain it properly.

Everyone that sold the substance would be taxed a total of 4%; money which goes into helping Missouri state veterans.

In an open forum after the passing of Amendment 2, State officials have said that they plan on opening nearly 200 dispensaries by the end of 2023. Although Missouri is a long way from that number, and we’re already in 2023, people are still optimistic.

Every medicinal marijuana card will be issued by a dispensary but there are nearly 30,000 qualified patients that are still waiting to obtain one since there are very few dispensaries.

With all that said, and explaining some of the obstacles to obtaining a card, how would you do it?

How to Obtain a Medical Marijuana Card

The first time patients and recreational users could apply for a medical marijuana card on July 4th, 2019. Although it was recreationally legal to use marijuana before that, the paperwork hasn’t been finished.

There were a couple of cases where officers would raid homes of cancer patients and seize their marijuana. Every one of those patients had told the officers that marijuana is legal.

Regardless, it wasn’t until August 5th the same year when patients could potentially obtain a medical marijuana card.

However, it seems that the real issue with the Missouri medical marijuana program was the fact that very few doctors were out there that could review, issue, and give patients the green light to obtain one.

As a matter of fact, nearly every single major physician groups would oppose this. So what was the answer? Well, the answer came in the form of doctors coming from other states and benefiting from the rise in applicants.

One doctor said that his business reviewed nearly 70,000 applicants in a decade. Taking into account that first-time applications cost $200 apiece, there’s room for a very lucrative business.

To obtain your medical marijuana card, you need the following:

• Visit a state physician that is licensed to give you a certification for recreational usage
• Register in the State of Missouri’s medical-marijuana program
• Send the previously-mentioned certification along with the recommendations of your doctor or physician
• Wait for 30 days to receive your ID in the mail
• Buy weed from a state-licensed dispensary and enjoy the benefits that come with it.

As licensed medical marijuana experts are hard to come by, finding the right person to review your application will take some time. Luckily for you, Dr-Weedy in Missouri are licensed professional that can jump-start your medical marijuana card application process in no time.

Qualifying Conditions and Requirements to Obtain a Medical Marijuana Card

As with anything, there are certain conditions and requirements that each applicant must fulfill in order to get his medical marijuana card (MMC).

Some of the major conditions and requirements include some of the following:

• You must have a terminal illness to fall into the category of patients that would require medicinal usage
• A lesser substitute that would be a chronic medical condition that would normally require prescription drugs to treat. The thing here to note is that some of the drugs in question could lead to dependence, so patients argue medical marijuana could be a better alternative
• HIV/AIDS disease
• Epilepsy; minor or severe
• Any chronic conditions that cause muscle spasms such as Parkinson’s and various seizures
• Cancer; regardless of the stage of location
• Glaucoma
• Any physiatrist disorders regardless of severity. Disorders include PTSD, schizophrenia, bipolar, obsessive-compulsive, anxiety, etc
• Severe headaches and migraines that don’t respond to other forms of treatments
• And any other forms of chronic medical conditions that border the likes of ALS, inflammatory bowel disease, autism, etc. Obtaining for either of these could be a harder task since they are determined based on a professional doctor’s judgment.

What Are The Costs Associated With Medical Marijuana Cards?

It goes without saying that you’ll pay less for weed if you own such a card. With all that said, obtaining the card does come with certain costs.

As an example, it will cost you $25 to firstly apply for the card. If your review is accepted, then you’ll be the owner of a valid MMC for a whole year.

Additionally, you could want to cultivate and grow weed commercially. This is no easy pickings as it will cost you $10,000 to obtain a commercial MMC that will allow you to sell your product.

However, do know that the commercial license will cost you an additional $15,000 for each following year. That means that you’ll pay $10,000 for the first year, and $25,000 for each following year to sell your product.

The costs of infused products are drastically lower than the commercial license. A license for selling infused products will cost you $6,000 for the first two years, and $10,000 for every next year once the first two years pass.

Obtaining an MMC in Missouri might be harder if you don’t go to the right people. Not everyone in Missouri agrees with recreational and medical uses, but it’s important to note that some people need it.

Obtaining a card, on the other hand, must be done through a dispensary; something that the state lacks in abundance when compared to the number of viable applicants.

While marijuana is legal in the state, there are still a couple of roadblocks that make things difficult for patients.

The post How to Get a Medical Marijuana Card in Missouri in 2023 appeared first on Along the Boards.