Honolulu Negligent Medical Care Leading to Suicide
One of the key benefits for active duty military is access to top quality medical care, but data indicates that the government may be falling short when it comes to treating mental health issues. According to the Department of Defense Suicide Prevention Office, 384 active-duty service members took their own lives in 2020, and these incidents are on the rise. Suicide impacts entire families, and the devastating grief is just the beginning. Financial losses soon pile up through the void left behind.
Fortunately, you may have legal remedies if negligent medical care led to suicide for a loved one who served our country’s military. You may qualify for compensation, and our team at Bertling Law Group can assist with the process. Please contact us to schedule a no-cost case assessment with a Honolulu military medical malpractice attorney today. Some general information about your rights is also useful.
Facts About Medical Negligence Claims for Suicide
Failure to prevent suicide is a type of medical malpractice claim, and these cases are based upon the concept of negligence. Anyone considering filing a claim for negligent medical care leading to suicide should keep some basics in mind:
The National Defense Authorization Act (NDAA) provides legal remedies for survivors after a current member of the military takes his or her own life, while the Federal Tort Claims Act (FTCA) applies to veterans who commit suicide:
To recover compensation under NDAA or FTCA, you must have evidence showing that the military health care provider deviated from the relevant medical standard of care. In these cases, it may be a deviation where the practitioner did not take reasonable steps to prevent suicide.
In a successful claim for negligent medical care leading to suicide, family members may recover compensation for loss of education, guidance, love, and financial contributions. You may also receive amounts for funeral and burial expenses.
Help From an Experienced Lawyer
The Secretary of Defense can approve claims up to $100,000 under NDAA, but the Secretary of the Treasury must review those for higher amounts. NDAA is your sole remedy, and the decision by officials is not appealable. With an FTCA claim, you must still go through the administrative process, but you can file a lawsuit in court if denied.
Our Honolulu military medical malpractice attorneys at Bertling Law Group will tackle the essential tasks necessary to protect your rights, including:
- Gathering evidence of negligence by military or VA physicians;
- Preparing the proper forms and submitting important documentation;
- Negotiating settlement; and
- Taking your FTCA claim to federal court.
Schedule a Free Consultation with a Honolulu Military Medical Malpractice Lawyer
If your life was turned around through negligent medical care leading to suicide, getting legal help with your remedies should be a priority. At Bertling Law Group, our attorneys focus on assisting veterans and active duty military with these claims, so we are ready to serve your needs. To set up your complimentary consultation, please call 844-25-7558 or check out our website. We can advise you on details after reviewing your unique circumstances.
