San Antonio Active Duty Medical Malpractice Claims
After recent updates to US law on military medical malpractice, active duty military who suffer harm from negligent treatment are no longer prohibited from seeking their legal remedies. The National Defense Authorization Act (NDAA) revised military medical malpractice laws as of January 1, 2020, opening the door for a medical malpractice claim. It is reassuring to know that you have options for recovering compensation, but there are also challenges. You need proof of medical negligence and must follow a very detailed process for getting the monetary damages you deserve. Fortunately, you can count on Bertling Law Group for assistance with NDAA med mal claims against negligent military health care providers. Our firm focuses on helping active duty military and veterans, so we stay current on all new legislation and legal developments in this area. Please contact us to set up a free case evaluation with a San Antonio active duty medical malpractice attorney. We can explain details, though a summary of the process is helpful.
How Medical Malpractice Claims Work Under NDAA
The recently enacted statute may change eligibility and the legal process, but you will still need to prove the same essential elements that a private citizen would. NDAA covers active duty service members injured by any military medical professional, including physicians, nurses, surgeons, pharmacists, and psychiatrists, as well as hospitals, clinics, and facilities.
For a med mal claim, you need evidence showing that you were harmed because a military health care provider departed from the applicable medical standard of care when delivering treatment. Examples of negligent medical care include:
- Delayed or wrong diagnosis;
- Surgical errors, such as wrong site, wrong patient, or wrong procedure;
- Careless post-operative care and monitoring, which can lead to health care acquired infection;
- Prescription and medication errors;
- Failure to act when the doctor knew or should have known that a soldier was at risk of committing suicide;
- Negligent prenatal care;
- Birth injuries; and,
- Many more.
Help with the NDAA Legal Process
Your sole remedy under NDAA is filing a claim with your respective service branch, so you cannot sue in court or appeal the decision by government officials. The Secretary of Defense will review claims up to $100,000, but the Secretary of the Treasury has final say over cases for higher amounts.
Bertling Law Group will help you navigate the NDAA med mal process to ensure you receive fair damages for your losses. Our San Antonio active duty medical malpractice attorneys are prepared to:
- Gather evidence showing negligence by military health care professionals;
- Retain medical experts to evaluate the standard of care and how the military breached it;
- Complete all necessary forms and supporting paperwork; and,
- Provide other legal services necessary for approval.
Trust a San Antonio Active Duty Medical Malpractice Lawyer for Legal Support
This overview about NDAA claims is helpful, but it should also convince you that legal representation is critical when seeking compensation for negligent medical care. For more information, please call Bertling Law Group at 844-25-7558 or visit us online. We can schedule a no-cost consultation with a knowledgeable attorney who can provide details.
