Sandy Springs, GA Active Duty Medical Malpractice Claims
The longstanding rule that prohibited active duty service members from pursuing negligent military health care providers has undergone a major change with recent updates to the laws. As of January 1, 2020, the National Defense Authorization Act (NDAA) allows you to seek compensation through a military medical malpractice claim. By meeting the essential requirements and going through the legal process, you can recover compensation if you suffered injuries or lost a loved one through medical negligence.
However, the laws governing NDAA medical malpractice cases are complex. Errors and omissions could adversely affect your rights, so trust Bertling Law Group to handle the details. Our team has decades of combined experience representing active duty military and veterans, and we are knowledgeable about changes to the laws. Please contact our firm today to schedule a complimentary consultation with a Sandy Springs, GA active duty medical malpractice attorney. You can also read on for some information about the legal process.
Understanding NDAA Medical Malpractice Claims
Though the laws have been revised to allow members of the military to seek compensation, the underlying principles are the same. To recover monetary damages for military medical malpractice, you must prove:
- You received treatment from a military health care provider, including a hospital, physician, clinic, or nurse;
- The provider deviated from the standard of care considered acceptable by the medical profession;
- The breach of the standard of care was the direct cause of your injuries; and,
- You sustained losses as a result of the breach, such as costs of additional medical care, emotional distress, and pain and suffering.
Some of the most common forms of military medical negligence include surgical errors, birth injuries, medication mistakes, misdiagnosis, delayed diagnosis, and failure to prevent suicide.
Legal Help with Military Medical Malpractice Claims
Our Sandy Springs, GA active duty medical malpractice attorneys at Bertling Law Group will assist you throughout the process of filing an NDAA claim. We support you by:
- Gathering and reviewing your medical records, which are important for proving the nature and severity of your injuries;
- Collecting evidence regarding negligence by the military health care provider;
- Preparing NDAA claims forms, along with supporting documentation; and
- Filing your NDAA claim with the appropriate branch of the military.
After submitting your claim, the Secretary of Defense will review it to determine whether you have provided sufficient evidence of the four elements described above. The DoD has the authority to approve up to $100,000 in damages. If your NDAA claim exceeds this amount and is approved by the DoD, it will be forwarded to the Secretary of the Treasure for final approval.
Call Now to Speak to a Sandy Springs, GA Active Duty Medical Malpractice Lawyer
At Bertling Law Group, our core practice area is representing members of the military and veterans in medical negligence claims. We will fight to ensure you receive fair compensation for your losses, so please contact us to learn more about your remedies. You can set up a free consultation by calling 844-25-7558 or checking us out online.
