Sandy Springs, GA Negligent Medical Care Leading to Suicide
While the Department of Defense (DoD) is committed to protecting the mental health and well-being of veterans and active duty military, reports reveal that their efforts fail some of the most vulnerable personnel. In a recent report, the Department of Defense Suicide Prevention Office revealed that suicide rates have almost doubled from 2008 to 2020. You are no doubt devastated that someone close to you could take his or her own life, but the financial consequences also take their toll.
Losing a loved one to suicide is life-changing, so it may come as a comfort to know that you have options after negligent medical care leads to suicide. You can seek compensation through legal action, and our attorneys at Bertling Law Group will be at your side to offer essential support. Please contact us to schedule a free case evaluation with a Sandy Springs, GA military medical malpractice lawyer who can provide specifics. A summary of the laws may also be helpful.
Summary of Laws on Medical Negligence and Suicide
When an active duty member of the military takes his or her own life, survivors have remedies under the National Defense Authorization Act (NDAA); family members of a veteran who commits suicide must proceed under the Federal Tort Claims Act (FTCA). Under both laws, the essential elements you must prove are generally the same:
- The patient was being treated by a VA or military health care provider, usually a psychologist, psychiatrist, or other mental health professional;
- The VA or military physician was acting within the scope of his or her duties;
- The doctor failed to take reasonable steps to prevent suicide; and
- Family members suffer losses because of losing a loved one.
Seeking Compensation for Failure to Prevent Suicide
The process is slightly different under the two laws, but survivors may be entitled to similar monetary damages. Examples include funeral and burial costs, and loss of financial contributions, love, education, guidance, and emotional support. Our Sandy Springs, GA military medical malpractice lawyers at Bertling Law Group are prepared to address all essential tasks, including:
- Collecting evidence for an FTCA or NDAA claim;
- Completing essential forms and submitting to the relevant service branch or VA, which is required by rules on exhausting your administrative remedies;
- Negotiating settlement for an FTCA claim, and taking the case to court if necessary to protect your rights; and,
- Dealing with the Secretary of Defense for NDAA claims under $100,000, or working with the Secretary of the Treasury for claims in excess of this amount.
Note that a decision under NDAA is final, so you cannot appeal or file a lawsuit in court.
A Sandy Springs, GA Military Medical Malpractice Attorney Will Help with Legal Tasks
It is helpful to review information about your remedies in a claim for negligent medical care leading to suicide, but you will need skilled legal help for a real-life case. For additional details, please call 844-25-7558 or go online to reach Bertling Law Group. We can set up a complimentary consultation to evaluate your circumstances and discuss next steps.
