Virginia Beach Military and Veterans Medical Malpractice Attorney
Medical malpractice means that a health care professional – a doctor, nurse, anesthesiologist, pharmacist, dentist, etc. – failed to practice with the same degree of skill and care as another reasonable provider in the same field in the community with the same level of education and training. Common examples include misdiagnosing or failing to diagnose a medical condition, errors in treatment, surgical mistakes, medication errors, and nursing negligence.
Doctors and hospitals can be held liable for injuries caused by medical malpractice and forced to pay for the additional medical expenses their harm has caused, along with other legal damages such as pain and suffering. When the malpractice occurred at a military hospital or clinic or a VA medical center or clinic, however, the rules are different. Malpractice victims in these cases have to follow different routes to get compensation for their injuries. Most medical malpractice lawyers don’t have any experience dealing with the VA or the Department of Defense, and most military lawyers don’t specialize in malpractice claims. If you’ve been injured by medical negligence at a military hospital or VA clinic, you need an attorney with a foot in both worlds who knows how to handle your claim.
Attorney Peter Bertling has decades of experience in medical malpractice law, including 30 years as an attorney defending doctors and hospitals accused of malpractice. He knows how doctors and hospitals defend claims, so he also knows how to value your claim, when to litigate and when to settle, and all the tricks defendants use to try and avoid liability. In addition to practicing medical malpractice law in California, Peter Bertling also pursues claims against military hospitals and clinics and VA medical centers and clinics nationwide. Bertling Law Group is well-equipped to handle your malpractice claim as an active duty military member or veteran.
Bertling Law Group also has particular expertise taking on cases where military hospitals and VA medical centers failed to take adequate steps to prevent suicide from an active-duty service member or veteran in crisis. If you lost a loved one to suicide after having sought care or treatment for mental health issues such as anxiety, depression, or PTSD, call Bertling Law Group to seek justice and accountability.
Military and Veteran Malpractice Claims
In 1950, the United States Supreme Court decided the case of Feres v. United States, in which the Court held that members of the armed forces could not sue the government under the Federal Tort Claims Act for injuries while on active duty caused by the negligence of others in the military. For 70 years, the Feres doctrine kept active-duty military from being able to sue for medical malpractice at a military hospital or clinic.
Congress changed this rule in 2020, for the first time expressly allowing active-duty service members to file a claim for compensation for medical malpractice. Malpractice victims have to follow an administrative procedure for compensation that is different from filing a lawsuit in court. Bertling Law Group understands how this process works and can help you put forward a strong claim for compensation under the new law.
Veterans can also follow the same process for compensation, but vets have the further ability to file a lawsuit in federal court if their claim isn’t satisfactorily resolved at the administrative level. Bertling Law Group has decades of litigation experience and is well-positioned to handle your claim either administratively or through the courts as best meets your needs.
Medical Providers for Military Members and Veterans in Virginia Beach
Virginia Beach is the site of Naval Air Station Oceana, the east coast home of the U.S. Navy’s fighter-attack jet fleet, central to projecting the nation’s air power in hot spots worldwide.
The nearest military hospital can be found 20 miles west at Naval Medical Center Portsmouth, providing the full range of primary and preventive care to military members and beneficiaries, including urgent and emergency care, hospital care and surgery, mental health and substance abuse, labs and radiology, specialty care, dental, vision, pharmacy, immunizations, and more. Closer to home, Naval Medical Center Portsmouth operates the Oceana Branch Health Clinic in Virginia Beach and also the TRICARE Prime Clinic (TPC) Virginia Beach.
Veterans can find hospital-level care about 30 miles away at the Hampton VA Medical Center. Here veterans can access a full range of primary and specialty care, including:
- Caregiver support
- COVID-19 vaccines
- Dental services
- Emergency care
- Mental health care
- Women’s health
Additionally, veterans can receive outpatient services without having to travel far by visiting the Virginia Beach VA Clinic in town as well as VA Clinics in Chesapeake or Portsmouth. These clinics provide mental health care along with primary care, specialty care, optometry and more.
Help With Medical Malpractice Claims for Military Members and Veterans in Virginia Beach
If you’ve been harmed by medical malpractice at a military hospital or clinic or VA medical center or clinic in Virginia Beach, or if you lost an active-duty or veteran family member to a medical mistake, call Bertling Law Group at 844-295-7558 to get the help you need.