Federal Tort Claims Act

A Brief Overview of the Federal Tort Claims Act


What is the Federal Tort Claims Act?

Before 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.

Elements of an FTCA Medical Malpractice Claim

At the Archuleta Law Firm, we focus on FTCA claims involving 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
  • A government employee committed negligence or malpractice
  • The negligence or malpractice occurred at a VA or Military Hospital/Clinic
  • The injury caused long-term damages and consequences, or death

There is a 2-year statute of limitations under the FTCA that begins when one knows or should have known the cause and existence of their injury.
When the Archuleta Law Firm files a claim, it is sent to the offending government agency. The agency will assign an attorney to defend the claim. The Archuleta Law Firm will handle all of the communications with the government attorney. The Archuleta Law Firm is experienced in achieving the resolution of FTCA claims.

If the agency does not resolve the claim within six months from the date it received the claim or the agency denies the claim, 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.