Medical Malpractice Attorney Helping Active-Duty Military Members and Veterans in Oklahoma City
Medical malpractice is an act or omission by a medical professional that departs from the accepted standards of the medical profession in the community and harms the patient. People who are hurt by medical malpractice, or families of patients who lost their lives due to a medical mistake, can bring a claim or lawsuit against the doctor or hospital responsible for the malpractice and recover compensation for the harm done to them. In this way, malpractice victims get the care and support they need to deal with their injuries, responsible parties are held liable for their failures, and the practice of medicine can be improved for future patients through better training, communication, and attention to patient care.
Bertling Law Group is a medical malpractice law firm that represents injury victims and helps them obtain justice, accountability, and financial compensation for the harm done to them through a medical provider’s negligence. When it comes to obtaining that justice and compensation, different rules and procedures apply depending on whether the malpractice occurred at a public or private civilian hospital or one run by the Department of Defense or Veterans Affairs.
Bertling Law Group is experienced in taking on medical malpractice cases in both civilian and military arenas. If you are a military service member or veteran in Oklahoma City, our lawyers have the knowledge of the law along with the skills and experience it takes to be successful on your claim. If you or a loved one were harmed by medical malpractice at an Oklahoma City military hospital or VA medical center or clinic, call our office at 844-295-7558 for a no-cost, confidential consultation regarding your potential claims.
Medical Malpractice Attorney for Active-Duty Military in OKC
The Federal Tort Claims Act (FTCA) is a federal law passed in 1946 that allows individuals to sue the United States government when they are harmed by the negligence of a federal officer or employee. Without this law, the government’s sovereign immunity would prevent any civil lawsuits for personal injury against the government for vehicle accidents caused by government workers on duty, slip and fall injuries on government property, or medical malpractice claims against government doctors and hospitals.
Unfortunately, just a few years after the FTCA was passed, the U.S. Supreme Court in 1950 decided the case of Feres v. United States. There, the Court held that the FTCA did not allow for claims by soldiers who were injured while on active duty. For 70 years, this Feres Doctrine kept active-duty service members from suing the government for injuries. This is now changed. With the passage of the National Defense Authorization Act for FY 20, the government has authorized compensation claims for personal injury or death incident to service caused by the medical malpractice of a Department of Defense health care provider.
In Oklahoma City, this would include medical malpractice at Tinker Air Force Base, where medical services are provided by the 72d Medical Group. The military hospital at Tinker AFB provides primary care, preventive care, hospital care and surgery, urgent and emergency care, mental health and substance abuse, lab tests and radiology, specialty care, case management, dental, pharmacy, vision, women’s health and pregnancy, children’s health, and other services. Specialty care includes audiology, behavioral health, chiropractic, and physical therapy.
If you are injured through medical malpractice at Tinker in OKC/Midwest City-Del City, the process for obtaining compensation involves filing Standard Form 95 with your service branch, in which you need to prove that a physician’s breach of duty was the proximate cause of your injury. This is an administrative process only, with no ability to bring a case in court or get judicial review of the administrative decision. Everything hinges on preparing and filing Standard Form 95 in a complete, accurate and compelling manner to get the DOD to approve your claim. Bertling Law Group is here to provide professional assistance and representation throughout this process.
Medical Malpractice Lawyer for Oklahoma City Veterans
Veterans health in OKC is provided by the Oklahoma City VA Medical Center, along with numerous outpatient VA clinics, including:
- Fourteenth Street VA Clinic
- Friendship House VA Compensated Work Therapy/Transitional Residence
- Tinker VA Clinic
- South OKC VA Clinic
- North May VA Clinic
The VA clinics and medical center together provide comprehensive medical services to vets in Oklahoma City, including primary and preventive care, surgery, cancer care, cardiology, dental care, diabetic care, optometry, orthopedics, otolaryngology (ear, nose and throat), pain management, physical therapy and rehabilitation, and much more. Medical mistakes in these areas can cause significant injuries of their own.
The FTCA has long allowed veterans to file lawsuits for medical malpractice against the VA. This process involves first going through the administrative process of filing Standard Form 995 with the VA Regional Counsel, which has six months to settle your case. If they don’t, you can sue in federal court. While you can recover the full amount of money damages for malpractice if successful in your court case, you will be limited by the amount you sought in your administrative case. It would be a critical mistake to use a lawyer who is unfamiliar with this process, as you could lose out on needed compensation if your claims are not pursued properly.
Bertling Law Group is familiar with all forms of medical malpractice, including psychiatric malpractice and the failure to reasonably protect patients from suicide. Suicide is a problem that affects active-duty and veterans at alarming rates, and facilities like Oklahoma City VA Medical Center hold themselves out as a resource for suicide prevention, including maintaining a Veterans Crisis Line and mental health walk-in clinic. After encouraging vets to seek mental health treatment, the DOD and VA should be held liable for failures to act responsibly to prevent suicides at their doorsteps.
Call Bertling Law Group for Help With Medical Malpractice at an OKC Military Hospital or VA Clinic
If you or a loved one has been injured due to medical malpractice at an Oklahoma City medical hospital or VA medical center or clinic, call Bertling Law Group at 844-295-7558 for a free consultation. We’ll help you get to the bottom of what went wrong, hold all responsible parties accountable, and work to get you the compensation you need and deserve for the harm done to you through medical negligence.