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Home > Alexandria, VA Active Duty Medical Malpractice Claims

Alexandria, VA Active Duty Medical Malpractice Claims

If you are an active duty service member who suffered harm from military medical malpractice, it is a relief to learn that you are no longer prohibited from pursuing your legal remedies against the government. As of January 1, 2020, the National Defense Authorization Act (NDAA) allows those who serve our country to pursue a military health care provider for negligent medical treatment. However, despite some similarities with private medical malpractice claims, the process under NDAA is different. Errors could mean forfeiting your rights. Because the complicated laws and legal process can lead to harsh implications, retaining skilled legal counsel should be a priority. Our primary practice area at Bertling Law Group is representing active duty military and veterans, so you can trust our team to advocate on your behalf. Please contact our firm to set up a no-cost consultation with an Alexandria, VA active duty medical malpractice lawyer who can explain the details. You might also benefit from some general information about these cases.

Overview of NDAA Medical Malpractice Cases

Military med mal claims encompass the same principles and challenges that apply to private cases; at the same time, you must comply with all requirements under NDAA and follow the process established by the statute. Some important points are helpful for grasping the basics:

  • To recover compensation, you must prove that you were hurt because a military health care provider failed to comply with the applicable medical standard of care when delivering treatment.

  • NDAA covers almost any military medical entity or practitioner, including doctors, hospitals, clinics, nurses, medics, surgeons, mental health professionals, and others.

  • The most common forms of negligence by these practitioners include surgical errors, failure or delayed diagnosis, birth injuries, negligent post-operative care, and preventable suicide.

  • There is a two-year statute of limitations on NDAA claims, so you must take legal action before the deadline expires.

  • If you have sufficient evidence and meet all requirements, you may qualify to recover amounts for medical expenses, lost wages, pain and suffering, and emotional anguish.

Steps to Recovering Compensation under NDAA

Bertling Law Group will handle all tasks for your claim, but it is useful to understand how the timeline works. NDAA is your sole legal remedy, though there are two paths your claim might take:

  1. The Secretary of Defense has authority to award up to $100,000 in damages for a military med mal claim.
  2. For amounts in excess of $100,000 the Secretary of the Treasury must review and approve your claim.

Our Alexandria, VA active duty medical malpractice lawyers will collect all important evidence, prepare the forms, and submit all necessary documentation. We will also work closely with government officials to obtain fair compensation for your losses.

Contact an Alexandria, VA Active Duty Medical Malpractice Attorney to Discuss Options

It is helpful to know the basics about med mal cases under NDAA, but you will need knowledgeable representation for a real life claim. For additional details, please call 844-25-7558 or go online to reach Bertling Law Group. We can schedule a complimentary case review to learn more about your circumstances and discuss strategy.

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