Columbia, MD Active Duty Medical Malpractice Claims
At long last, active duty service members who sustain injuries because of military medical malpractice can pursue claims for damages after recent changes to federal law. With an effective date of January 1, 2020, the National Defense Authorization Act (NDAA) now allows military personnel to file an administrative claim to address negligence by health care providers. If you qualify, you could receive compensation for your physical, financial, and emotional losses.
Our lawyers at Bertling Law Group are prepared to assist with the legal process, as we have decades of combined experience representing active duty military and veterans with medical negligence claims. The laws are strict, and you put your rights at risk without skilled representation. Please contact our firm to set up a free consultation with a Columbia, MD active duty medical malpractice attorney who can provide details. A summary of the relevant concepts may also be useful.
Overview of NDAA Medical Malpractice Claims
While the law may have changed in terms of allowing military personnel to seek legal remedies, it is still necessary to prove the same elements of a medical malpractice claim. You must have evidence showing that the health care provider violated medical standards of care when delivering treatment, which is measured by what a physician facing the same circumstances would have done. You also need to show that this breach was the direct cause of your injuries.
Some common forms of medical negligence include:
- Misdiagnosis, such as delayed diagnoses or failure to provide an accurate diagnosis;
- Medication and prescription errors;
- Surgical errors and negligent post-operative care, which can lead to infection and life-threatening sepsis;
- Negligence in assessing and treating for suicide;
- Failure to provide proper prenatal care;
- Birth injuries; and
- Many more.
How the NDAA Legal Process Works
The sole remedy under NDAA is administrative in nature, so you cannot take your case to court. Instead, you file a claim with officials at your respective branch. The Secretary of Defense will review the information and can pay up to $100,000 in verified damages; amounts in excess of this threshold must go to the Secretary of Treasury for approval. Our Columbia, MD active duty medical malpractice attorneys at Bertling Law Group will guide you through the process, completing such tasks as:
- Gathering evidence showing breach of the standard of care;
- Collecting medical records to prove the nature and severity of your injuries;
- Preparing all forms to claim medical negligence by a military health care provider; and
- Working with officials to get approval for a fair amount of compensation.
Get Legal Help from a Columbia, MD Active Duty Medical Malpractice Lawyer
An overview of NDAA claims may help you understand the basics, but it takes in-depth knowledge of the laws to ensure you receive maximum financial compensation. To learn more about the process and your rights, please contact Bertling Law Group. You can call 844-25-7558 or go online to schedule a no-cost case assessment. After we review your situation, we can discuss strategies for seeking damages for active duty medical malpractice.
