Olathe, KS Active Duty Medical Malpractice Claims
After years of not having access to legal remedies, active duty service members who suffer harm because of negligence by military health care providers can now pursue medical malpractice claims. The ban on suing the government changed with enactment of the National Defense Authorization Act (NDAA), which became effective on January 1, 2020. Medical errors can turn your life around, so it is a comfort to know that remedies are available to recover monetary damages for your losses. Still, any med mal claim carries challenges, and the legal process under NDAA is different from other personal injury cases. Instead of putting your rights at risk through mistakes, rely on our team at Bertling Law Group. We are knowledgeable about the laws and have extensive experience representing active duty military and veterans who suffer through medical negligence. Please contact us today to schedule a free consultation with an Olathe, KS active duty medical malpractice lawyer who can provide customized details. Some basics may also be useful.
Facts About Medical Malpractice Cases Under NDAA
A helpful way to understand how these claims work is to review some important points. Initially, keep in mind that you must prove your rights under a med mal claim AND follow all requirements of NDAA. As such:
For a military medical negligence case, you need to show that your injuries were the result of a health care provider’s deviation from the relevant standard of care. This standard is measured by how another medical practitioner would have treated you under the same circumstances.
There is a two-year statute of limitations on NDAA claims based upon med mal. If you fail to take legal action before the deadline expires, you are barred from recovering damages.
NDAA applies to any military health care professional, including doctors, medics, nurses, hospitals, therapists, and others.
Some of the most common types of medical malpractice include surgical errors, misdiagnosis, birth injuries, failure to prevent suicide, medication mistakes, and negligence leading to health care acquired infection.
How an Attorney Can Assist with NDAA Claims
The statute provides your sole legal remedy, so you must file your NDAA med mal claim with your respective branch. Through the administrative process, you may recover amounts for medical care, pain and suffering, emotional distress, and other losses. Bertling Law Group will perform all necessary tasks, since evidence is crucial for obtaining fair monetary damages. Our Olathe, KS active duty medical malpractice lawyers will develop a strategy based upon the two tiers in a military negligence case:
- Claims up to $100,000 are reviewed and awarded by the Secretary of Defense.
- The Secretary of the Treasury Amounts must assess and approve claims in excess of $100,000.
Set up a Consultation with an Olathe, KS Active Duty Medical Malpractice Attorney
At Bertling Law Group, our primary practice area involves supporting active duty military and veterans in medical negligence cases. To learn how we can serve your needs in a med mal claim, please call 844-25-7558 or go online to schedule a no-cost case review. We can explain how the process works after listening to your story.