Federal Tort Claims Act (FTCA)

Prior to 1946, people could not take action against the United States federal government. Thanks to the Federal Tort Claims Act (FTCA), the government is no longer completely immune. The FTCA provides a limited waiver allowing people to sue the United States federal government for negligence or wrongful action done by an employee of the government.

At the Archuleta Law Firm, we focus on FTCA claims that involve military or veterans medical malpractice.
There is certain criteria for filing a valid FTCA Medical Malpractice Claim. There must be:

  • Injury due to negligence
  • The negligence or malpractice was committed by a government employee
  • The negligence occurred at a Veterans or Military Hospital/Clinic
  • The injury caused long-term damages and consequences

Also, if the claimant is filing on behalf of someone else they must either be the spouse, biological children (unless legally adopted), or parent(s) of the person who experienced the negligence. Due to the Feres Doctrine, military personnel who were injured while on active duty can not file a FTCA claim for that injury, but if a spouse or child suffered from negligence, then they can file on behalf of their dependents.

Once the injury and malpractice is known, so begins the two year statute of limitations. If an FTCA claim is not submitted within two years of knowledge of the malpractice, the claim can be permanently barred.

When all of the criteria is met, the claim is then sent to the corresponding negligent government agency, such as a military hospital. They have six months to review, negotiate, and/or deny the claim once it is received. If the claim is not resolved by the agency within six months from the date it received the claim, or if the claim is denied by the agency, then suit may be filed against the United States government.

If you or a loved one is a victim of military or veterans medical malpractice, we may be able to help. Contact us right away for your free case evaluation.

 

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