Albuquerque Active Duty Medical Malpractice Claims
While active duty service members used to be barred from pursuing a military medical malpractice claim for negligent treatment, a major change to the laws now opens the door to legal remedies. As of January 1, 2020, the National Defense Authorization Act (NDAA) allows individuals to pursue legal remedies after suffering harm from a military health care provider. The process works differently than private med mal claims, however, so retaining skilled legal counsel is critical for protecting your rights. You can rely on Bertling Law Group to assist with your military medical malpractice claim under NDAA, as our team is well-versed at the details of this new law. We also have decades of combined experience representing active duty military and veterans to ensure they get fair compensation for their losses. Please contact our firm right away to get personalized advice about your circumstances. We are happy to schedule a no-cost consultation with an Albuquerque active duty medical malpractice lawyer, though you might also find it useful to review some general information.
Key Points About NDAA Medical Malpractice Claims
These cases incorporate basic laws about medical negligence, along with a specific legal process designed under the NDAA. A few facts may help you understand the basics:
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The elements of a med mal claim apply, so you must prove that you suffered harm because a military health care provider failed to treat you in accordance with the applicable standard of care.
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There is a statute of limitations on NDAA claims based upon allegations of medical malpractice, so you must take legal action within two years.
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NDAA is your sole remedy for military medical negligence, so you cannot sue in court. You file your claim, along with all supporting documentation, with your respective branch.
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The laws allow you to sue for a wide range of medical negligence by military health care practitioners, including medication mistakes, surgical errors, birth injuries, failure to prevent suicide, and misdiagnosis.
Monetary Damages for Military Medical Malpractice
Compensation in a med mal claim aims to reimburse you for your losses, so you may qualify to recover for medical costs, pain and suffering, and emotional distress. Our Albuquerque active duty medical malpractice lawyers will guide you through the NDAA process, which may vary according to the monetary damages amount:
- The Secretary of Defense reviews all claims up to $100,000 and will approve those that are verified and supported by solid proof.
- For higher amounts, the Secretary of the Treasury must approve.
Note that decisions under NDAA are not appealable, which is why absolute accuracy, strong evidence, and strict compliance with all legal requirements is critical. Bertling Law Group will handle all details to obtain the best possible outcome for your med mal case.
An Albuquerque Active Duty Medical Malpractice Attorney Will Explain Details
For more information about pursuing med mal remedies under NDAA, please contact Bertling Law Group. You can reach a member of our team by calling 844-25-7558 or visiting our website. We can set up a free case evaluation to evaluate your situation and determine how to proceed.
