Colorado Springs Active Duty Medical Malpractice Claims
For many years, active duty members of the military were barred from seeking legal remedies after sustaining harm due to medical malpractice. This prohibition changed with passage of the National Defense Authorization Act (NDAA), which became effective on January 1, 2020. Personnel currently serving our country now have standing to file an administrative claim to seek compensation for negligence by military health care providers. You may qualify to recover monetary damages in much the same way as a private patient pursuing a medical malpractice claim. However, there are numerous differences with cases involving negligence by military physicians. The process for NDAA is more complex and imposes limitations on your rights, so skilled legal representation is critical. At Bertling Law Group, our team focuses on helping active duty military and veterans who were hurt because of medical errors. Please contact us to set up a free consultation with a Colorado Springs active duty medical malpractice attorney who can explain your remedies under NDAA. An overview is also informative.
Summary of NDAA Medical Malpractice Claims
The process for seeking compensation is set forth in NDAA but, since the basis of your case is health care provider negligence, you must have evidence to support a medical malpractice claim. You need to prove that the military physician, nurse, surgeon, pharmacist, psychologist, or other professional departed from the applicable standard of care when providing treatment. This standard refers to how another practitioner would have cared for the patient under the same circumstances. A departure from the actions of this hypothetical provider could constitute medical negligence.
To illustrate, a health care provider may engage in medical malpractice through:
- A wrong diagnosis or failing to provide a timely diagnosis;
- Prescription and medication errors that cause adverse drug events;
- Surgical mistakes, including wrong patient, wrong body part, and wrong procedure;
- Negligent post-operative care that leads to sepsis or other health care acquired infection;
- Birth injuries; and
- Failure to prevent suicide.
Steps in the NDAA Legal Process
The statute provides an administrative remedy to active duty military, so you cannot sue in court for military medical malpractice. Instead, you file an NDAA claim with your respective branch. The Secretary of Defense can approve a claim up to $100,000, as long as it includes solid evidence of negligence and your losses. The Secretary of the Treasury must approve claims higher than this amount.
Our Colorado Springs active duty medical malpractice attorneys at Bertling Law Group will tackle the legal process and take on such tasks as:
- Gathering essential evidence;
- Collecting and reviewing your medical records;
- Preparing all NDAA claims forms for a medical malpractice case; and
- Working with officials to ensure that you receive fair monetary damages.
Contact a Colorado Springs Active Duty Medical Malpractice Lawyer to Learn More
If you sustained harm because of negligence by military health care providers, please contact Bertling Law Group to speak to a member of our team. You can call 844-25-7558 or go online to schedule a no-cost case assessment with an attorney. After we assess your situation, we can discuss next steps.
