San Diego Negligent Medical Care Leading to Suicide
Access to quality medical care is one of the key benefits extended to members of the US military and veterans, so it is disturbing to learn that mental health issues can sometimes go untreated. According to the Department of Defense (DoD) Suicide Prevention Office, the suicide rate increased more than 40 percent from 2015 to 2020, going from 20.3 to 28.7 per 100,000 active personnel. Every one of these deaths is a tragedy, but it is even more disturbing when suicide could have been prevented though proper care by military physicians. Fortunately, surviving family members may qualify to recover damages when medical negligence contributed to their loved one’s suicide. Bertling Law Group has in-depth knowledge of the laws that govern these cases, as our firm’s core focus is representing members of the military and veterans who are harmed by health care providers. To learn how we can help with your case, please contact us to schedule a free consultation with a San Diego military medical malpractice lawyer. A summary of the legal concepts is also informative.
Liability for Medical Negligence Leading to Suicide
Whenever there are failures in the context of providing quality health care, patients may have remedies under medical malpractice laws. A preventable suicide claim is a type of medical malpractice case, so you are required to prove certain facts to qualify for compensation:
You must show that your loved one was receiving treatment from the Veterans Administration (VA) or military physician, usually a psychiatrist, psychologist, or related mental health professional.
You have to show that the doctor was acting within the scope of his or her duties in providing care.
There must be evidence indicating that the miliary physician knew or should have known that the veteran or servicemember was at risk of committing suicide, but did not take proper steps to prevent it.
You need to prove that your loved one died because of this negligence, and you suffered losses as a result.
A medical negligence claim involving a veteran’s suicide falls under the Federal Tort Claims Act (FTCA), while your remedies are through the National Defense Authorization Act (NDAA) for a current member of the military.
Summary of the NDAA/FTCA Claims Process
With both laws, you must file a claim with the appropriate branch or agency. Count on our San Diego military medical malpractice lawyers to deal with the Secretary of Defense and/or Secretary of the Treasury for an NDAA claim. We are also knowledgeable about FTCA claims, in which you must first attempt to settle and exhaust your administrative remedies before going to court. Bertling Law Group will work to ensure you receive full compensation, including funeral costs, pain and suffering, lost financial contributions, and other losses.
A San Diego Military Medical Malpractice Attorney Will Take on Challenges
The process for recovering damages in a preventable suicide case can be complicated, so trust our team at Bertling Law Group to tackle the essential tasks. For more information, please call 844-25-7558 or visit our website to set up a complimentary case evaluation today.