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, the government is no longer completely immune. The Federal Tort Claims Act (FTCA) provides a limited waiver of immunity 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 are certain criteria our law firm uses for the filing of FTCA Medical Malpractice Claims. There must be:
- Injury due to negligence;
- Negligence or malpractice committed by a government employee;
- Negligence that occurred at a V.A. or Military Hospital/Clinic; and
- The injury caused severe or long-term damages and consequences
Also, if the claimant is filing on behalf of someone else they should either be the spouse, biological child (unless legally adopted), or parent(s) of the person who experienced the injury. Due to the Feres Doctrine, military personnel who were injured while on active duty generally cannot file an FTCA claim for that injury, but if a civilian spouse or child suffered from negligence, then the servicemember can file a claim.
Once the cause and existence of the injury is known or reasonably should have been known, the two year statute of limitations begins. If an FTCA claim is not timely filed, the claim will likely be permanently barred.
If you or a loved one is a victim of military or V.A. medical malpractice, we may be able to help. Contact us right away for your free evaluation.