Seattle Active Duty Medical Malpractice Claims
For decades, active duty military personnel who sustained injuries at the hands of negligent military health care providers were barred from recovering damages for their losses. This unfortunate ban recently changed with enactment of the National Defense Authorization Act (NDAA), which became effective on January 1, 2020. Now, victims of military medical malpractice can pursue health care providers for negligence. If you qualify and comply with all legal requirements, you can obtain compensation for your devastating losses.
Because the rules are complicated with respect to this emerging area of law, it is smart to retain skilled representation for assistance. Our team at Bertling Law Group is dedicated to helping with the legal process, as our primary practice area is supporting active duty military and veterans. Please contact us to schedule a free consultation with a Seattle active duty medical malpractice lawyer who can provide details regarding NDAA claims. An overview of the relevant concepts may help you understand the basics.
Facts About NDAA Medical Malpractice Claims
The objective of a military medical negligence claim is to recover compensation for the losses you sustain, such as costs to treat your injuries, pain and suffering, and emotional distress. Additional important points include:
You must prove that your injuries were the direct result of a military health care provider’s violation of the standard of care that applies to your situation. This standard is measured by what a practitioner with the same skills, training, and experience would have done under the same circumstances.
In addition to proving the essential elements of a military medical malpractice case, you must also file your NDAA claim within two years after the date you were harmed by the error.
You can seek compensation from a wide array of military health care providers, including physicians, medics, nurses, hospitals, clinics, and therapists.
How an Attorney Can Help
The legal process for an NDAA malpractice claim starts by filing necessary documents with your respective branch, at which point the Secretary of Defense will review it. The DoD can approve a verified claim up to $100,000, but amounts in excess of this threshold must go to the Secretary of the Treasury for final approval.
You can count on Bertling Law Group to manage the NDAA claims process. Note that, if your claim is denied, you cannot appeal in court or through other channels. Our Seattle active duty medical malpractice lawyers support you by:
- Collecting evidence revealing medical negligence by a military health care provider;
- Gathering and evaluating your medical records;
- Preparing all forms for filing with the DoD; and
- Taking on other essential tasks to gain approval of your NDAA claim.
Set up a Free Consultation with a Seattle Active Duty Medical Malpractice Attorney
For more information on your rights and remedies under NDAA, please call 844-25-7558 or go online to reach the Bertling Law Group. We can schedule a no-cost case review to learn more about your story. Our team has decades of combined experience advocating on behalf of military personnel and veterans, so we are ready to help.
