San Diego Active Duty Medical Malpractice Claims
For decades, active duty military personnel who sustained injuries from negligent medical treatment were prevented from pursuing their legal remedies under medical malpractice laws. This prohibition was lifted by the National Defense Authorization Act (NDAA), which became effective on January 1, 2020. If you or a loved one suffered harm because of negligence by a military health care provider, there is now a legal process for seeking compensation. You may qualify to recover for your physical, emotional, and financial losses. Because med mal laws and NDAA requirements are extremely complicated, it is smart to retain experienced legal representation to assist with your claim. Bertling Law Group is prepared to pursue all available options to ensure you receive the monetary damages you deserve. Please contact our firm to schedule a complimentary case assessment with a San Diego active duty medical malpractice attorney who can explain the process. You might also benefit from reviewing some basics about these cases.
NDAA Medical Malpractice Claims Overview
Though the legal process under NDAA is different from a private case, you are still required to prove the essential elements of medical malpractice. They include:
You were treated by a military health care provider, such as a physician, medic, nurse, surgeon, or other practitioner.
The health care professional departing from the applicable standard of care, which is measured by what another provider in the same role would do in the same situation.
The breach of the relevant standard of care was the direct cause of your injuries; and,
You suffered losses because the military health care provider departed from the standard of care that applied under the circumstances.
Examples of medical negligence include medication errors, surgical mistakes, failures or delays with diagnosis, birth injuries, and many others.
Timeline of NDAA Medical Malpractice Claims
You can trust our San Diego active duty medical malpractice attorneys at Bertling Law Group to develop strategy and manage the details of your claim. However, it is helpful to know how the process works:
- Your sole remedy under NDAA is filing an administrative claim with your respective service branch, so you cannot pursue a lawsuit in court.
- Your NDAA must include solid proof of negligence by military physicians and details regarding your losses.
- The Secretary of Defense reviews your claim and can approve an NDAA med mal case up to $100,000. Claims in excess of this amount must be approved by the Secretary of the Treasury.
- The government’s decision for a military medical negligence case is not appealable.
- If approved, you may be able to recover for medical costs, lost income, pain and suffering, and many other losses.
A San Diego Active Duty Medical Malpractice Lawyer Will Explain Your Remedies
Our team at Bertling Law Group focuses on serving active duty military and veterans with medical negligence claims, so please contact us to learn how we can assist with the NDAA process. You can set up a no-cost consultation by calling 844-25-7558 or checking us out online. We can advise you on details once we review your circumstances.