Colorado Springs Negligent Medical Care Leading to Suicide
It is the duty of the US Department of Defense (DoD) to provide proper medical care for military staff and veterans, but data reveals key gaps when it comes to treatment of mental health issues. According to the Department of Defense Suicide Prevention Office, the suicide rate has risen every year since 2015 and is up to almost 29 per 100,000 troops. Officials have been working to reduce the stigma that surrounds mental disorders, but the failure to prevent suicide can be attributed to medical negligence in some cases. When a servicemember takes their own life due to carelessness by military health care providers, survivors may qualify to recover compensation. Our attorneys at Bertling Law Group are ready to support your interests, as we are dedicated to helping the families of active duty and veterans after tragedy hits. Please contact us to schedule a no-cost case evaluation with a Colorado Springs military medical malpractice lawyer. It is also useful to review some of the relevant legal concepts that impact your rights.
Claims for Preventable Suicide
Medical negligence is defined as the failure of a health care provider to deliver treatment in accordance with the proper standard of care that other physicians would apply under the same circumstances. Negligent medical care can lead to suicide if a doctor knows or should know that a patient is at risk, and does not take reasonable precautions to address the situation. Surviving family members have legal remedies depending on the status of the service member:
- The National Defense Authorization Act (NDAA) applies to active duty military, and you would pursue a claim through the relevant service branch.
- When a veteran takes his or her own life, the remedy falls under the Federal Tort Claims Act (FTCA) and you will be dealing with the Veterans Administration (VA).
In a successful claim under NDAA or FTCA, it is possible to recover damages for loss of consortium, education, guidance, financial contributions, and love. Survivors can also obtain amounts for funeral and burial expenses.
Overview of the Legal Process
The requirements to seek compensation vary depending on whether you are pursuing a claim under NDAA or FTCA. Our Colorado Springs military medical malpractice lawyers at Bertling Law Group will take care of important tasks, including collecting evidence and preparing necessary documents. In addition, note the following:
- When filing a medical negligence claim under NDAA, the Secretary of Defense can authorize up to $100,000 in damages. The Secretary of the Treasury must approve higher amounts.
- With an FTCA claim, you start by seeking administrative remedies through the VA. If officials deny your counter with a lowball offer, you can take your case to court.
Contact a Colorado Springs Military Medical Malpractice Attorney to Discuss Options
This information about negligent medical care leading to suicide is helpful, but it also reveals the complications. Instead of putting your rights at risk, trust our team at Bertling Law Group to advocate on your behalf. Please contact us at 844-25-7558 or go online to schedule your free consultation today.
