San Antonio Negligent Medical Care Leading to Suicide
US veterans and active duty military personnel suffer from mental health issues at an alarming rate, prompting the Department of Defense (DoD) to focus on suicide prevention and reducing stigma. Though these efforts have certainly saved lives, statistics show that there is still far to go. According to the Department of Defense Suicide Prevention Office, the suicide rate rose from 18.5 to 28.7 out of 100,000 current military personnel from 2013 to 2020. Surviving family members suffer unimaginable grief, but the financial and emotional implications will also add up. Though legal action cannot bring your loved one back, you do have remedies if negligent medical care was a factor in his or her suicide. At Bertling Law Group, our team has decades of combined experience representing members of the military and their families. We are prepared to seek all available compensation for your losses, so please contact us to speak to a San Antonio military medical malpractice lawyer. We can set up a complimentary consultation, and some background information is also useful.
Preventable Suicide May Constitute Medical Negligence
To prove a claim for medical malpractice, you must have evidence showing that a practitioner deviated from the applicable standard of care when providing treatment. In a case for medical negligence leading to suicide, you need to show that the health care provider knew or should have known that the patient was at risk but did not take appropriate action.
With these cases, the negligent physician may be a psychologist, psychiatrist, or other mental health professional. You may have a claim under two different laws, depending on the circumstances:
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The National Defense Authorization Act (NDAA) applies when a medical negligence leads a current military member to commit suicide. You will seek compensation from the Secretary of Defense, but must get approval from the Secretary of the Treasury for damages in excess of $100,000. Decisions under NDAA are final.
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When a Veterans Administration (VA) physician failed to prevent a veteran’s suicide, your remedies fall under the Federal Tort Claims Act (FTCA). It may be possible to settle your claim, but you can sue in court after exhausting your administrative remedies.
Legal Guidance with Monetary Damages
Bertling Law Group will handle all requirements whether you are seeking compensation through NDAA or FTCA. Our San Antonio military medical malpractice lawyers will conduct an investigation, submit all forms, and work diligently to settle. We will also take your FTCA claim to court as necessary to protect your rights. In a claim for medical negligence leading to suicide, you may be entitled to:
- Funeral and burial costs;
- Losses related to love, consortium, care, guidance, and emotional support; and,
- Amounts for the decedent’s financial contributions.
Speak to a San Antonio Military Medical Malpractice Attorney About Options
Suicide is tragic, but it is an unacceptable outcome when proper medical care could have prevented a member of the military from taking their own life. For additional details about your remedies, please contact Bertling Law Group. You can call 844-25-7558 or go online to schedule a free case review.
