Phoenix Active Duty Medical Malpractice Claims
If you are an active duty service member who sustained harm because of negligence by military health care providers, you should be aware of recent changes to the laws. Fortunately, the updates are greatly beneficial to your interests. The National Defense Authorization Act (NDAA) revised military medical malpractice laws as of January 1, 2020, so you now have standing to file a claim for monetary damages. However, considering the complex legal process, you might not know where to begin in pursuing your remedies.
You can count on our lawyers at Bertling Law Group to help you navigate the requirements and obtain the compensation you deserve for your losses. We have extensive experience representing active duty military and veterans, so we are prepared to tackle the challenges with this developing area of law. Please contact our firm to set up a free case evaluation with a Phoenix active duty medical malpractice attorney who can provide personalized details. Some information about your options should also be useful.
Summary of Medical Malpractice Claims Under NDAA
The biggest change to the laws is allowing members of the military to seek damages for medical errors, but the basic legal elements remain the same. To obtain compensation, you must be able to prove that the military health care provider deviated from the medical standard of care. The measurement is what a hypothetical practitioner would have done, assuming the same training, specialty area, and circumstances. It is possible to file an NDAA claim for medical negligence by physicians, hospitals, clinics, medics, nurses, and many other medical personnel.
Some examples of a deviation from the medical standard of care include:
- Negligent prenatal care;
- Birth injuries;
- Failure to diagnosis, delayed diagnosis, and other diagnostic mistakes;
- Surgical errors;
- Negligent post-operative care and monitoring, which can lead to infection and life-threatening sepsis; and
- Medication and prescription errors.
Legal Process for Recovering Damages
NDAA claims are administrative in nature, so you cannot sue in court. You must file the necessary documents with your respective branch of military service, and you have two years from the date of the injury to submit your claim. The Secretary of Defense then reviews your claim and can approve up to $100,000 in damages. Medical negligence claims in excess of this threshold must get approval by the Secretary of the Treasury.
The Bertling Law Group will tackle the necessary tasks for an NDAA claim, so you can trust our Phoenix active duty medical malpractice attorneys to:
- Gather evidence showing errors by military health care providers;
- Collect and assess your medical records;
- Complete all NDAA claims forms;
- Submit your claim, along with all supporting documentation; and
- Provide other support necessary to get approval.
A Phoenix Active Duty Medical Malpractice Lawyer Will Protect Your Rights
From this overview about medical negligence claims under NDAA, you can see that solid legal representation is crucial. Our attorneys at Bertling Law Group are ready to support you throughout the process, so please contact us to schedule a no-cost consultation. You can reach our firm by calling 844-25-7558 or visiting us online.
