Oklahoma City Active Duty Medical Malpractice Claims
After many years of having no legal remedies for military medical malpractice, active duty military personnel can now seek compensation for their devastating losses. The National Defense Authorization Act (NDAA), which became effective on January 1, 2020, allows you to pursue military health care providers for negligence in delivering care. However, the requirements, legal process, and eligibility rules are complex. These claims are very different from what you might expect, and errors could lead to a forfeiture of your rights.
If you were harmed or lost a loved one due to military medical negligence, you will need skilled legal representation for help with an NDAA claim. Our team at Bertling Law Group has been assisting active duty military and veterans for years with these matters, so we are ready to assist with this emerging area of law. Please contact us today to set up a no-cost consultation with an Oklahoma City active duty medical malpractice lawyer. You can also check out an overview about how these cases work.
NDAA Medical Malpractice Basics
The following points summarize the key provisions and things to know about medical malpractice claims under NDAA.
To qualify for compensation, you must have solid evidence regarding the essential elements of a medical negligence claim. You need to show that the health care provider did not meet the applicable medical standard of care when offering treatment, and this breach was the direct cause of your injuries. You must also have proof of the losses you sustained, such as medical costs to treat your injuries, pain and suffering, and emotional anguish.
NDAA covers a wide range of providers, including physicians, hospitals, clinics, nurses, and other practitioners. The most common forms of medical malpractice include diagnosis errors, surgical mistakes, birth injuries, negligent post-operative care, and many others.
There is a two-year statute of limitations on filing a military medical malpractice claim, and the clock starts to run the date of the error which caused your injuries.
Steps in the Legal Process
You must file your NDAA claim with your respective branch, at which point it is forwarded to the Secretary of Defense for review. If approved, you could receive up to $100,000 in monetary damages. Claims in excess of this amount must go to the Secretary of the Treasury for final approval.
Our Oklahoma City active duty medical malpractice lawyers at Bertling Law Group will support you with every step in the process, including:
- Collecting evidence of the health care provider’s breach of the medical standard of care;
- Reviewing and compiling your medical records;
- Preparing all NDAA claims forms;
- Submitting necessary documentation and supporting evidence; and
- All other tasks necessary to gain approval on your NDAA claim.
Contact an Oklahoma City Active Duty Medical Malpractice Attorney Today
To learn more about NDAA claims based upon negligence by military health care providers, please call 844-25-7558 or go online to reach Bertling Law Group. We can schedule a complimentary case review to explain the laws and legal process. After assessing your situation, we will advise you on remedies for recovering compensation.