Virginia Beach Negligent Medical Care Leading to Suicide
The US Department of Defense (DoD) is responsible for the health and well-being of veterans and current military personnel, but statistics indicate that not all receive proper treatment for emotional issues. The Department of Defense Suicide Prevention Office reports that suicide rates have almost doubled among active duty troops from 2008 to 2020, leading to horrific losses for surviving family members. If someone close to you took their own life under such circumstances, the emotional and financial losses may seem overwhelming. Fortunately, you may have legal options if negligent medical care by military practitioners was behind the suicide of your loved one. You may qualify to recover damages for your devastating losses, and our team at Bertling Law Group will support you in pursuing your remedies. Please contact us right away to set up a no-cost case evaluation with a Virginia Beach military medical malpractice lawyer who can explain the details. Some background information on these cases may also be helpful.
Medical Negligence and Preventable Suicide
The failure to prevent suicide may constitute medical malpractice in some cases, and the remedies for survivors are similar under two federal laws. The National Defense Authorization Act (NDAA) covers active duty troops, while the Federal Tort Claims Act (FTCA) offers legal options for veterans. Under both laws, the essential elements you must prove are the same:
- The individual was receiving care from the Veterans Administration (VA) or military physician, which will usually be a psychologist or mental health professional in a preventable suicide case.
- The VA or military doctor was providing care within the scope of his or her duties.
- The health care provider failed to take proper precautions to prevent suicide, knowing that the individual was at risk or had exhibited signs of suicide.
- As a surviving family member, you suffered losses because of your loved one’s passing.
Recovering Damages for Failure to Prevent Suicide
If you have solid proof of the above elements, you may be eligible to recover for funeral and burial costs, loss of financial contributions, and losses related to love, education, guidance, and emotional support. Bertling Law Group will handle all steps of the legal process, which is slightly different for NDAA and FTCA. You can trust our Virginia Beach military medical malpractice lawyers to:
- Conduct an investigation and collect evidence;
- Prepare all forms and submit necessary documents to the relevant service branch or the VA;
- Negotiate with the Secretary of Defense or Secretary of the Treasury for NDAA claims, which are not reviewable or appealable;
- Attempt to work out a settlement for an FTCA claim; and,
- Sue in court for an FTCA if unable to settle.
A Virginia Beach Military Medical Malpractice Attorney Will Tackle Essential Tasks
It is a comfort to know that compensation is available in cases involving preventable suicide by a member of the military, but you should trust the details to Bertling Law Group. To learn how we can help with the process, please call 844-25-7558 or go online to schedule your complimentary consultation. We can provide additional details after reviewing your circumstances.