Taking On Federal Tort Claims Act Cases
Actions for personal injuries or wrongful death caused by employees of The United States are brought under the Federal Tort Claims Act (FTCA). The FTCA provides a limited waiver of the federal government’s sovereign immunity when its employees are negligent within the scope of their employment. The law of sovereign immunity is complex and, unfortunately, not all negligent or wrongful conduct by the government is actionable.
At Morris & Player PLLC, our attorneys are experienced in handling and winning FTCA claims.
Medical Negligence by a Veterans Administration Hospital or VA Physician Employee
The FTCA applies to most civil wrongs, including medical negligence. Under the FTCA, the United States is liable for medical malpractice that occurs in federal hospitals, which are often part of the Veterans Administration system of hospitals.
There are specific steps that must be followed to pursue a medical malpractice claim against The United States for negligent medical care received in a Veterans Administration hospital. For example, before a lawsuit may be filed under the FTCA, the plaintiff is required to file an administrative claim with the appropriate federal agency. After the agency reviews the claim and either fails to act upon it within a certain time or issues a denial of the claim – which very often happens – there is a very short period of time for the plaintiff to file a lawsuit or the complaint will be time-barred.
Morris & Player can handle your FTCA claim from the start of the administrative process through the conclusion of the civil lawsuit.