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Virginia Beach Active Duty Medical Malpractice Claims

It used to be the case that active duty military were prohibited from pursuing medical malpractice claims, so you should be aware of recent developments if you were harmed by a provider. With an effective date of January 1, 2020, the National Defense Authorization Act (NDAA) now allows you to seek compensation through a military medical malpractice claim. If you meet the necessary criteria and follow all requirements for the legal process, you can recover compensation for your physical, financial, and emotional losses. Medical negligence cases are complicated for a number of reasons, but the NDAA adds several layers of complexity for med mal claims. Instead of putting your rights at risk, trust Bertling Law Group to guide you through the legal process. We are prepared to handle all essential tasks, so please contact us to schedule a complimentary consultation. A Virginia Beach active duty medical malpractice attorney can provide specifics, and a summary is useful.

Basics of NDAA Medical Malpractice Claims

The biggest change for active duty military is having legal remedies under NDAA, but the underlying concepts are the same. For a med mal claim, you must prove four essential elements:

  1. You were treated by a military health care provider, such as a hospital, physician, nurse, mental health professional, or other practitioner.
  2. The provider departed from the medical standard of care that would be considered acceptable under the circumstances.
  3. Negligent medical care was the direct cause of your injuries.
  4. You suffered losses because of the health care provider’s negligence, such as the additional medical costs to treat your injuries, emotional anguish, and pain and suffering.

The most common bases for medical malpractice claims include surgical mistakes, wrong or delayed diagnosis, medication errors, negligent prenatal care leading to birth injuries, and many others.

Guidance with Military Medical Malpractice Claims

Your sole remedy under NDAA is filing an administrative claim with your respective branch. The Secretary of Defense can award up to $100,000 in damages, but the Secretary of the Treasury must approve higher amounts. Officials’ decisions are not appealable.

As such, you must have solid evidence of negligence and your losses to obtain compensation. Our Virginia Beach active duty medical malpractice attorneys at Bertling Law Group will develop a strategy and meet all legal requirements. Our tasks may include:

  • Collecting evidence on the breach of care, your injuries, and your losses;
  • Consulting with experts to evaluate the applicable standard of care and how your physician departed from it;
  • Completing necessary paperwork and submitting it in accordance with NDAA rules; and,
  • Working with officials to get prompt approval of your claim.

Speak to a Virginia Beach Active Duty Medical Malpractice Lawyer for Free

As you can see, claims for military medical negligence can be challenging. Bertling Law Group focuses on serving active duty military and veterans with these types of cases, so we have the skills and knowledge necessary to fight for your rights. Please call 844-25-7558 or go online to set up a free consultation today. We can explain details after hearing your story.

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