Columbia, MD Negligent Medical Care Leading to Suicide
The US Department of Defense (DoD) has a duty to provide essential mental health care for military personnel and veterans, but statistics indicate that not all are receiving the treatment they need. The Department of Defense Suicide Prevention Office reports that the suicide rate among active duty military has risen every year since 2015, reaching 28.7 per 100,000 troops. Families are no doubt devastated by grief, but the financial implications can also hit hard. Fortunately, you may have legal remedies when medical negligence leads someone to take his or her own life.
At Bertling Law Group, our team is committed helping families cope with tragic losses associated with negligent medical care leading to suicide. You can count on us to pursue those responsible for failing to take proper action and seek monetary damages to support your household. Please contact our firm to set up a free consultation with a Columbia, MD military medical malpractice lawyer, and read on for some important information.
Overview of Preventable Suicide
Military health care providers have a duty to treat patients in accordance with the proper standard of care, and any departure from this standard is actionable if it leads to patient harm. Therefore, physicians must take reasonable steps to prevent suicide if they know or should know that a veteran or member of the military is at risk of suicide. The nature of the remedy depends on the individual’s status with respect to military service:
- National Defense Authorization Act (NDAA): This law allows a claim for negligence leading to suicide by active duty military, and you would file a claim with that person’s service branch.
- Federal Tort Claims Act (FTCA): When a veteran takes his or her own life, surviving family members must pursue a claim against the VA under this statute.
Steps in the Legal Process
Through both NDAA and FTCA, it is possible for survivors to recover compensation for how the death of a loved one affects their lives. Damages may include loss of consortium, education, guidance, financial contributions, and love, in addition to funeral and burial expenses. Our Columbia, MD military medical malpractice lawyers at Bertling Law Group will handle the administrative claims process under both laws, but you should note the following:
- A claim under NDAA may be approved by the Secretary of Defense up to $100,000, but amounts in excess of this threshold must be approved by the Secretary of the Treasury.
- With an FTCA claim, you must first exhaust your administrative remedies before you can go to court. If the VA denies your claim or offers a low amount to settle, then you can file a lawsuit.
Contact a Columbia, MDMilitary Medical Malpractice Attorney Right Away
This overview is informative on claims based upon negligent medical care leading to suicide, but it takes in-depth knowledge of the laws and extensive experience to get the compensation you deserve. To learn more about your options, please call Bertling Law Group to schedule a no-cost consultation. You can reach our offices by calling 844-25-7558 or visiting our website.
