Phoenix Negligent Medical Care Leading to Suicide
While the Department of Defense (DoD) has expressed commitment to preventing suicide and reducing stigma, many veterans and active duty military personnel are still at risk of mental health concerns. According to the Department of Defense Suicide Prevention Office, suicide rates have gone from 18.5 in 2013 to 28.7 in 2020 for every 100,000 current service members. Surviving family members are certainly overwhelmed by such tragic circumstances, but the financial implications will also hit hard.
If you lost a loved one through negligent medical care leading to suicide, it is reassuring to know that you have legal options. You may qualify to recover monetary damages for your devastating losses. Our team at Bertling Law Group is committed to assisting with the process, as we have extensive experience pursuing these cases. Please contact our firm to hear how a Phoenix military medical malpractice lawyer will support your needs. We can set up a free consultation, though a summary of the laws is also informative.
How Suicide Could Constitute Medical Negligence
To prove medical malpractice, you must show that the health care provider deviated from the relevant medical standard of care when treating a patient. In a case involving medical negligence leading to suicide, it is usually a mental health professional through the VA or military that failed to take appropriate steps to prevent the tragedy from occurring. Proving your rights is generally the same, but the nature of the legal process varies according to the individual’s status:
The National Defense Authorization Act (NDAA) applies to cases involving active duty military who commit suicide. You file your claim with the respective branch, and it is forwarded to the Secretary of Defense for approval. If the amount exceeds $100,000, the claim is reviewed by the Secretary of the Treasury for authorization.
When a veteran takes his or her own life, the remedy falls under the Federal Tort Claims Act (FTCA). You must exhaust your administrative remedies by attempting to work out a settlement, but your next step is filing a lawsuit in federal court if you cannot resolve the matter.
Legal Help with Recovering Compensation
Bertling Law Group has the skills and knowledge to pursue claims under both NDAA and FTCA, so we will handle all requirements. Our Phoenix military medical malpractice lawyers will gather evidence, fill out proper forms, submit essential evidence, and deal with officials to ensure you receive proper monetary damages for your losses. In a case for medical negligence leading to suicide, you may be entitled to:
- Funeral costs;
- Burial expenses;
- Loss of consortium, care, guidance, and emotional support; and
- Lost financial contributions the decedent would have provided.
Discuss Your Options with a Phoenix Military Medical Malpractice Attorney
While an overview of the legal process is helpful, the details of a claim for negligent medical care leading to suicide are much more complicated. Instead of putting your rights at risk, count on our lawyers at Bertling Law Group to tackle the legal burdens. Please call 844-25-7558 or visit us online to schedule your no-cost case evaluation.