What is the Federal Tort Claims Act (FTCA)?

Prior to 1946, injured persons could not sue 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 of immunity allowing injured persons to sue the United States federal government for the negligence of an employee of the federal government.

At the Archuleta Law Firm, we focus on federal tort claims act medical malpractice occurring at a military or VA hospital or clinic.
To have an FTCA Medical Malpractice Claim that the Archuleta Law Firm would handle there must be:

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

 

FTCA Statute of Limitations

There is a 2-year statute of limitations to file an administrative claim under the FTCA. Generally, the statute of limitations begins 2 years from the date of negligence. Failure to file a claim before the statute of limitations will eliminate your ability to file a Federal Tort Claim and recover damages for your injuries. Medical malpractice cases are complicated and require a thorough investigation of medical records and medical history. This is why it is so important to speak with a federal tort claims act medical malpractice lawyer right away if you or someone you know was injured as a result of medical negligence at a military or veterans hospital or clinic. Case evaluations are completed by our highly experienced staff and always free.

Filing an FTCA Claim

When a claim is filed by the Archuleta Law Firm, it is sent to the offending government agency for administrative review. The agency will assign an attorney to defend the claim. The Archuleta Law Firm handles all of the communications with the government attorney. The Archuleta Law Firm has over 28 years of experience in achieving resolutions of FTCA medical malpractice claims.

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 you may have a right to file a lawsuit against the United States Government.

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

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