The Federal Torts Claims Act (“FTCA”) (28 U.S.C. sect. 2674) is a federal act that allows the United States to be held liable for personal injuries and medical malpractice “in the same manner as a private individual under like circumstances.”
The FTCA allows people who have been harmed by medical malpractice of government health care providers to sue the US government to recover from their injuries. These suits are typically brought by military dependents or retirees who have been injured while receiving government provided care.
If you were injured by a military or government healthcare provider at Fort Knox, Fort Campbell, or any other DOD or VA facility in Kentucky, the FTCA may entitle you to collect substantial monetary sums from the US government. A Louisville FTCA lawyer will be able to assist you in determining your legal rights, and pursuing the compensation you deserve.
If you are a military dependent or retiree and were injured while receiving care at either a Department of Defense (DOD) or Veteran’s Affairs (VA) healthcare facility, you will have to meet certain specific legal requirements to recover for your damages.
You may recover for many different types of injuries under the FTCA, including pediatric malpractice, birth injuries, surgical errors, anesthesia malpractice, or misdiagnosis of a medical condition or disease. Every different type of injury will require you to present different types of evidence to successfully bring your claim.
The FTCA also contains many specific deadlines and requirements that must be met before you can recover for your injuries. The assistance of an attorney with experience bringing medical malpractice claims and who understands this complex federal law is vital to obtaining a favorable judgment.
Although active duty military personnel cannot sue the government for injuries they personally sustained as the result of medical malpractice by a government healthcare provider, the FTCA allows them to do so on behalf of their dependents or children.
If you are a military dependent or retiree who was personally injured as the result of a government healthcare provider’s negligent act, you may personally bring your claim against the US government directly. Suing the US government is a far more complicated process than suing a US citizen, and requires you to complete a number of steps within specific time frames to exercise your legal right to recovery.
After fulfilling all the applicable requirements, if you cannot reach a settlement agreement with the government the FTCA gives you the opportunity to present your case in federal court so that a judge may determine what damages you are entitled to.
Any claims brought under the FTCA must be filed within two years of the date on which your injury occurred. If you fail to file your claim within this two-year period, you will permanently lose the right to recover for your injuries. Once your claim is filed, the US government claims office is given a six-month window in which to take administrative action on the claim. During this time, the government will investigate the circumstances of your claim and may offer you an administrative settlement.
If no final administrative action has been taken within six months of the date on which you filed your claim, or if you disagree with the government’s final action, you are then entitled to file a lawsuit against the government directly.
Filing a lawsuit to recover your damages from the government requires you to abide by many very specific legal requirements and deadlines. To successfully recover for your injuries, you will need the assistance of someone with experience in bringing these specialized types of claims.
It is important to remember that, if you choose to sue the United States government, you must do so within six months of the closing of the government’s initial six-month window. If you miss this deadline you will lose your opportunity to recover forever.
Injuries resulting from medical malpractice can take many forms, but are often devastating and life-altering. If you were injured as a result of some negligent act or omission by a government healthcare provider the FTCA may allow you to collect substantial sums for your injury from the federal government. Even if you are only considering legal action at this point in time, do not delay in speaking with an attorney to determine your rights.
You must ensure you meet the specific deadlines and requirements contained in the FTCA to avoid losing the opportunity to collect for your injuries. Contact a Louisville FTCA attorney today to discuss your options in light of the specific circumstances relating to your case, and to begin the process of filing a claim today.