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Home > San Diego Active-Duty Military & Veterans Medical Malpractice Attorney

Medical Malpractice Attorney Serving the Military Members and Veterans of San Diego

Here in the heart of California’s second-largest city, you’ll find a significant military presence. San Diego is home to Naval Base San Diego, the second-largest surface ship base of the United States Navy and the principal homeport of the Pacific Fleet, with a base population topping 24,000 military personnel and 10,000 civilians. You’ll also find Marine Corps Air Station Miramar nearby, home to 15,000 service members and families from every branch of the military.

Military members and veterans in San Diego have many places to go for medical care on and off-base. If they receive negligent medical care at a military hospital or VA clinic, though, their rights are different than if they were harmed by medical errors at a civilian hospital or doctor’s office. At Bertling Law Group, we understand the distinction and are familiar with the different routes to justice, accountability and compensation among the different systems. From our office in Santa Barbara, we represent active-duty military and veterans and their families harmed by medical malpractice in San Diego and across the country. If you or a loved one were harmed by medical malpractice at a military or veterans’ health clinic in San Diego, call Bertling Law Group for a no-cost, confidential consultation.

Military Medical Malpractice Claims in San Diego

In the National Defense Authorization Act (NDAA) for FY 20, Congress authorized compensation claims against the Department of Defense for injuries caused by medical malpractice incident to service at a military hospital or clinic. This is the first time such claims have been allowed since the U.S. Supreme Court ruled in the Feres case in 1950 that the Federal Tort Claims Act (FTCA) did not allow suits against the government for injuries suffered by active-duty military.

The process authorized by the NDAA involves filing Standard From 95 with your service branch. Unlike civilian medical malpractice cases in state court, there is no period of discovery where you can gather evidence from the other party, and there is no way to appeal an unfavorable decision. It’s crucial to get all the information included in Standard Form 95 and present it in a way most likely to get a positive result. At Bertling Law Group, you’ll find an experienced medical malpractice attorney who spent 30 years defending doctors and hospitals against malpractice claims. We know how to figure out when malpractice occurred, how to prove it, and how to recover the right amount of compensation. Call our office if you or a loved one has been harmed by a medical mistake at the Naval Medical Center San Diego, the Naval Branch Health Clinic at the Naval Training Center, Naval Base Coronado (North Island), or Naval Branch Health Clinic at Naval Base San Diego. We handle all forms of medical malpractice committed at a military hospital or clinic, including:

  • Misdiagnosis or Failure to Diagnose
  • Delays in Medical Diagnosis
  • Negligent Prenatal Care
  • Birth Injuries
  • Medication and Prescription Errors
  • Surgical Negligence
  • Unnecessary Surgeries
  • Anesthesia Negligence
  • Post-Surgical Errors and Infections
  • Nursing Negligence
  • Negligent Medical Care and Mental Health Support Resulting in Suicide

San Diego Veterans Medical Malpractice Lawyer

Bertling Law Group helps veterans injured by negligent medical care at a VA clinic or medical center. Lawsuits against the VA are authorized under the FTCA, provided the plaintiffs first go through the administrative procedure of filing Standard Form 95 with the VA Regional Counsel. If this claim doesn’t get satisfactorily resolved in six months, injury victims can bring their claims in federal court and sue for money damages. The administrative step can’t be taken lightly, though, as the amount you can recover in court is limited to your pleadings on Standard Form 95. Bertling Law Group is well-versed in the rules and procedures required for compensation and won’t make critical errors that could limit your ability to fully recover on your claim.

Bertling Law Group serves veterans and family members who were victimized by medical mistakes at any of the following facilities:

  • San Diego VA Medical Center – providing primary care and specialty health services, including mental health care, pain management, treatment for spinal cord injuries and disorders, suicide prevention, women’s health services, and more.

  • San Diego VA Domiciliary – offering mental health services and a home for economically disadvantaged or disabled vets. No longer just an “old soldiers’ home,” VA domiciliaries focus on clinical rehabilitation and treatment, treating vets with multiple and severe medical conditions, mental illness, addiction, psychosocial deficits, addictive disorders, and homelessness.

  • San Diego VA Clinics – Rio VA Clinic, Kearny Mesa VA Clinic, Sorrento Valley VA Clinic, Chula Vista VA Clinic (in Chula Vista).

These facilities hold themselves out as offering quality medical care, including mental health services and suicide prevention in particular. When vets come to the VA in crisis, it’s incumbent on the facility to diagnose them and treat them appropriately, including implementing a safety plan when necessary to prevent suicide. Bertling Law Group holds VA facilities accountable if they fail to provide this vital service appropriately. Through legal claims, lawsuits and public awareness, we are working to end these critical failures and better support our country’s vets.

Call Bertling Law Group for Help With Medical Malpractice as an Active-Duty Service Member or Veteran in San Diego

If you or a loved one has been injured due to medical malpractice at a San Diego military hospital or clinic or a VA medical center or clinic, call Bertling Law Group at 844-295-7558 for a free consultation. We only charge a fee if we are successful in your case, and our fees are limited by federal law, so you can rest assured you’ll keep the bulk of any monies we recover for you.

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