Olathe, KS Negligent Medical Care Leading to Suicide
Despite enhanced efforts by the US Department of Defense (DoD) to support the mental health needs of military personnel and veterans, data on suicide indicates that vulnerable individuals are not getting the care they need. The rate of suicide among current military personnel almost doubled from 2008 to 2020 according to the Department of Defense Suicide Prevention Office. Surviving family members are left devastated by grief, but other losses hit hard in the weeks and months that follow such a tragedy. There is considerable stigma surrounding suicide, but taking one’s own life is not moral failure. It may be the tragic outcome when military physicians do not meet the proper standard of care. Practitioners can be held accountable for medical negligence, and our team at Bertling Law Group has extensive experience handling these cases on behalf of active military and veterans. Please contact us to schedule a free consultation with an Olathe, KS military medical malpractice attorney, and read on for some information about your options.
Facts to Know About Preventable Suicide
A health care provider can be held accountable for giving treatment that deviates from the applicable medical standard of care, so failure to prevent suicide is a type of medical malpractice. Typically, you would pursue a military physician who is a psychologist, psychiatrist, or other mental health professional. There are a few points to note about these cases:
When a current service member ends his or her life, the National Defense Authorization Act (NDAA) provides survivors with remedies. You will file a claim with the respective service branch, and can seek compensation up to $100,000 through the Secretary of Defense. You must work with the Secretary of the Treasury if your claim exceeds this amount.
If a physician from the Veterans Administration (VA) was negligent in preventing suicide, the Federal Tort Claims Act (FTCA) applies. You are required to attempt to settle your claim with officials, but you can take your case to court if the government refuses to pay fair compensation.
The standard for proving a medical negligence leading to suicide claim is the same for both laws: You need evidence showing that the physician failed to take preventative action despite knowing the risk of suicide.
Compensation for Failure to Prevent Suicide
You can count on Bertling Law Group to tackle the legal issues and handle all tasks for NDAA and FTCA claims. Our Olathe, KS military medical malpractice attorneys will investigate, take care of paperwork, and aggressively work to negotiate settlement. Our goal is to ensure you receive full monetary damages for:
- Funeral and burial costs;
- Emotional distress;
- The decedent’s lost income and financial contributions; and
- Losses related to education, love, guidance, and support.
Consult with an Olathe, KS Military Medical Malpractice Lawyer Right Away
An overview of preventable suicide cases is helpful, but you can see that legal representation is critical for enforcing your rights. To learn how we can help, please call 844-25-7558 or go online to reach Bertling Law Group. We can set up a no-cost case evaluation to discuss your remedies and next steps.