Suing the federal government for medical error

Last time, we spoke about current efforts by the Department of Defense to expand a program aimed at increasing transparency between doctors and patients when a medical error occurs. Regardless of how helpful the program is in resolving disputes when medical errors occur, it is unlikely that any such program will completely eliminate the need for litigation.

Those who have been harmed by a military doctor are, as we pointed out, not able to pursue the doctor directly for medical negligence, but there is the possibility of seeking compensation for the negligence under the Federal Tort Claims Act. The law constitutes the only way for those harmed by a government physician to seek compensation. 

In order for a facility or provider to be protected from medical malpractice liability, the federal government must deem the facility or provider to be a federal employee under the Federal Tort Claims Act. Once approved, the facility or provider may not be sued for malpractice.

When a patient files a claim with the federal government for medical negligence under the Federal Tort Claims Act, the claim is reviewed and/or litigated by Department of Health and Human Services, the Office of the General Counsel and the Department of Justice. Going through the process requires not only knowledge of the Federal Tort Claims Act and associated federal regulations, but also guidance in navigating the federal court system.

Those who have been seriously harmed by a government physician should consult an experienced medical malpractice attorney to have their case evaluated and to determine whether pursuing a claim under the Federal Tort Claims Act is appropriate in their case. 

No Comments

Leave a comment
Comment Information

Free Consultations | No Fee Unless We Win

Email us or call us at 866-585-1076 to discuss your medical malpractice case. There is no cost, no obligation and never a fee unless we are successful. You have nothing to lose by learning your rights and options today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Request a Free Consult

Penobscot Building, 645 Griswold Street, Suite 4200
Detroit, MI 48226

Toll Free: 866-585-1076
Phone: 313-447-0634
Fax: 313-961-5985
Detroit Office Map

Ohio Office
315 East Main Street
Suite A
Ottawa, OH 45875

Phone: 269-220-3379
Ohio Office Map