Medical Malpractice Attorney Representing Active-Duty Military and Veterans in Olathe Injured by Medical Mistakes
Bertling Law Group represents military service members and veterans who have been harmed by medical malpractice at a military hospital or a VA medical center or clinic. If you are a member of the military or a veteran living in Olathe who received negligent medical care at a military base or VA facility, our lawyers can guide you through the process of obtaining compensation for your injuries, holding responsible parties accountable, and improving medical care for military members and veterans everywhere. Call our office for a free consultation if you think that you or a member of your family was injured by a preventable or inexcusable medical mistake.
Medical Malpractice Claims With the Department of Defense
Individuals who are harmed by the negligence of a government employee can sue the government under the Federal Tort Claims Act (FTCA). Until very recently, the FTCA did not apply to active-duty military members. However, beginning in 2020, the law has specifically allowed for claims involving medical malpractice by a Department of Defense (DOD) health care provider. Soldiers who are injured due to negligent medical care at a military hospital or base clinic can file Standard Form 95 with their service branch to recover compensation for the harm they suffered.
Pursuing a successful claim against the DOD under this new procedure is not an easy feat. There is no discovery period as there is in civilian medical malpractice cases, which would allow the victim to receive medical records, reports and other information in the doctor’s or hospital’s possession that could be used to help figure out what went wrong and who is responsible. Also, there is no mechanism to appeal a claim denial administratively or through judicial review in the courts. Instead, your claim succeeds or fails based on how well you prove your case in the Standard Form 95 submitted to your service branch.
Attorney Peter Bertling has over 30 years of experience in medical malpractice law, including several decades defending doctors and hospitals accused of malpractice. Peter and his team at Bertling Law Group know the steps to take to prove that medical malpractice was the cause of an injury and recover compensation for the full value of the claim. Let us help you put your claim together and submit it for you with the best chance of success. Call our office so we can begin the process right away, as you only have two years from the date of the malpractice to file your claim.
Veterans Medical Malpractice VA Claims
Veterans who receive negligent medical care at a VA medical center or clinic can also file Standard Form 95 with the VA Regional Counsel to receive compensation for their harm. The VA has six months to satisfactorily resolve the claim; after that, injured vets can take their case into federal court, although the damages they recover can be limited by the information presented in their administrative claim. Bertling Law Group can help you settle your claim administratively, or our experienced courtroom litigators can try your case in federal court if necessary.
Military Medical Care in Olathe, Kansas
With a population of over 140,000, Olathe is the fourth-most populous city in the Kansas City Metropolitan area and Kansas statewide. The nearest military hospital is AHC Munson-Fort Leavenworth, approximately 35 miles north. This facility provides primary care, preventive care, mental health and substance abuse treatment, lab tests and radiology, specialty care, case management, dental, pharmacy, rehabilitation clinic, and more. Veterans have access to two VA Medical Centers nearby, the Kansas City VA Medical Center and the Dwight D. Eisenhower Department of Veterans Affairs Medical Center. Together, these hospitals provide primary care and specialty health services, including mental health care, addiction and substance abuse treatment, cardiology, neurology, suicide prevention, women’s health services, prosthetics, eye care (ophthalmology), treatment for spinal cord injury, foot care, programs to help you stop smoking and using tobacco, and more.
Negligent care in any of these areas could cause significant harm, including psychiatric malpractice and the failure to reasonably protect patients from suicide. Military hospitals know the stressors service members face and their susceptibility to PTSD, anxiety or depression due to their service. Veterans likewise come to the VA when struggling with mental health issues, and these facilities are supposed to be equipped to handle their needs appropriately. Suicide affects active-duty military members and veterans at alarming rates; it’s incumbent on DOD and VA doctors and hospitals to diagnose and treat symptoms and develop an appropriate safety plan to prevent suicide. Bertling Law Group is fighting to hold military hospitals and VA clinics accountable for their failures in this area and is working to see that systems are improved to prevent further tragedies.
Help for Active-Duty Military Members and Veterans Harmed by Medical Malpractice in Olathe
If you or a loved one were harmed by negligent medical care as a military member or veteran in Olathe, Kansas, call the medical malpractice team at Bertling Law Group for a free consultation. We only charge a fee if we are successful in recovering compensation for you.