Honolulu Active Duty Medical Malpractice Claims
For many years, active duty military personnel who suffered harm due to negligence by military health care providers were unable to seek compensation for their losses. This unfortunate situation changed for the better with passage of the National Defense Authorization Act (NDAA), which became effective on January 1, 2020. It is now possible to pursue legal remedies for military medical malpractice if you sustained injuries, though the legal process is very different from what you may know about these types of claims.
Because of the complications with NDAA malpractice cases, it is wise to rely on skilled legal counsel for assistance. With years of experience advocating on behalf of active duty military and veterans, our team at the Bertling Law Group is ready to support you. Please contact our firm to schedule a no-cost consultation with a Honolulu active duty medical malpractice lawyer who can explain your remedies in detail. You may also benefit from reviewing some basics about your rights.
Things to Know About NDAA Medical Malpractice Claims
If you were injured or lost a loved one through negligence by a military health care provider, there are a few key points to understand:
To recover compensation, you must have evidence showing how the physician or facility breached the applicable standard of care in the medical field, and that this breach was the direct cause of your injuries.
There is a statute of limitations on an NDAA claim, so you must file necessary documents within two years after suffering the injury. Another restriction is that you cannot sue in court; instead, you must go through the administrative process for resolving your claim.
NDAA covers a wide range of medical malpractice by military health care providers, including misdiagnosis, birth injuries, medication mistakes, surgical errors, and many more.
Seeking Compensation for Military Medical Malpractice
As mentioned, NDAA remedies are subject to the administrative process, so you must file your claim with your respective branch. It is critical to submit solid evidence of your injuries and the facts surrounding the medical error, as decisions by officials are not appealable. Our Honolulu active duty medical malpractice lawyers at Bertling Law Group will tackle the essential tasks regarding the legal process, which works as follows:
- After filing your NDAA claim and supporting documentation, it will go to the Secretary of Defense for review. The DoD has authority to approve up to $100,000 in damages, but officials may deny claims that do not provide evidentiary support.
- If the amount of damages exceeds $100,000 and the DoD finds it to be verified, the claim will be forwarded to the Secretary of the Treasury for approval.
A HonoluluActive Duty Medical Malpractice Attorney Will Guide You
As you can see, the process for recovering compensation under NDAA is complicated. If you suffered harm because of negligence by a military health care provider, please contact Bertling Law Group to learn how we can help. You can call 844-25-7558 or visit our website to set up a free case evaluation. We can advise you on next steps after reviewing your circumstances.