Boise City, ID Active Duty Medical Malpractice Claims
After decades of having no legal remedies for military medical malpractice, injured active duty service members can now pursue military hospitals, clinics and health care providers for negligence. The National Defense Authorization Act (NDAA) became effective on January 1, 2020, and it established a detailed legal process for seeking compensation. If you or a loved one suffered harm, you can obtain monetary damages for your physical, financial, and emotional losses.
However, the process for filing an NDAA is more complicated than filling out forms. Instead of putting your rights at risk, count on our team at Bertling Law Group to tackle the important tasks. We have decades of experience representing active duty military and veterans, so you know your claim is in good hands. Please contact our firm to schedule a complimentary case assessment with a Boise City, ID active duty medical malpractice attorney. You might also benefit from reviewing some background information.
NDAA Medical Malpractice Claims Overview
The biggest change brought about by NDAA is allowing members of the military to seek legal remedies, but the basic elements of a medical malpractice case still apply. You must be able to prove that:
- You were treated by a military health care provider;
- The health care provider deviated from the standard of care that is generally accepted in the medical profession;
- The breach of the relevant standard of care was the direct cause of your injuries; and
- You suffered losses because of the provider’s violation of the standard of care.
To illustrate the concept of medical negligence, some examples may be useful. You may have an NDAA claim if you suffered harm through:
- Medication errors;
- Birth injuries or failure to provide proper prenatal care;
- Medical negligence leading to suicide;
- Surgical mistakes;
- Neglect with post-operative care; or
Timeline of a Military Medical Malpractice Claim
You can count on the Boise City, ID active duty medical malpractice attorneys at Bertling Law Group to handle all necessary tasks for filing an NDAA claim. Still, it is important to understand the legal process for a military medical malpractice case.
- Your sole remedy is filing an administrative claim with your respective branch of the military. The matter is then forwarded to the Secretary of Defense for review.
- The DoD may deny your claim if you do not supply sufficient proof of medical malpractice, your injuries, and losses. The Secretary of Defense has authority to approve NDAA claims up to $100,000.
- If your claim exceeds $100,000 and is approved by DoD, it will move to the Secretary of the Treasury for final approval.
A Boise City, ID Active Duty Medical Malpractice Lawyer Will Advise You on Options
A summary of the laws covering NDAA claims is helpful, but it should also convince you that representation is essential for protecting your rights. To learn more about military medical negligence cases, please contact Bertling Law Group by calling 844-25-7558 or checking us out online. We can set up a no-cost consultation to hear your story and determine how to proceed.