FTCA Claims against the U.S. Government
The Federal Tort Claims Act (also known as the FTCA) is a federal law that allows veterans, servicemembers, and their families to file claims against the United States government for personal injury, medical malpractice, wrongful death, and property damage. There are many different types of claims against the U.S. Government and its agencies. A few of these types of claims include:
- Claims Against the Department of Veterans Affairs (VA)
- Claims against the U.S. Military
- Claims Against USPS
Types of FTCA Cases
Under the Federal Tort Claims Act, a person may recover damages for injury, wrongful death, and property damage in many different types of cases. However, some of the most common are:
The Federal Tort Claims Act
A brief history of the Federal Tort Claims Act
Enacted in 1946, the Federal Tort Claims Act was the first time the U.S. Government waived its sovereign immunity and provided a judicial remedy for persons who suffered injury, death, or damage by the negligence of a federal employee acting within the scope of their employment. Since its enactment, the Federal Government has paid millions of dollars to victims of medical malpractice, wrongful death, and property damage.
Can I Sue the VA?
Many people ask, Can I sue the VA? Yes. The Federal Tort Claims Act provides a vehicle that allows an injured person and their family to file a lawsuit against the Department of Veterans Affairs for Medical Malpractice.
Standard Form 95 – Presenting a Federal Tort Claim
The Standard Form 95 is the official U.S. Government form used to present a claim for injury, death, or property damage to the U.S. Government. The form is two pages long and one of the most important documents in the Federal Tort Claims Act Process. Once properly filed, the Standard Form 95 starts the administrative claims process. The Standard Form 95 must be filed within the 2-year statute of limitations.
The Administrative Claims Process
Before filing a lawsuit against the federal government under the Federal Tort Claims Act, an injured party must first file an administrative claim. Once the administrative claims process begins, the government has 6 months to respond. If the government takes longer than 6 months, you can deem the claim denied and file a lawsuit in federal court. If the government denies your claim, you will have 6 months to file a lawsuit in federal court.
What is Veterans Medical Malpractice?
VA medical malpractice is medical malpractice that occurs in U.S. Department of Veterans Affairs (VA) hospitals and facilities. Medical malpractice is when a doctor or medical professional provides substandard quality care to their patient, resulting in injury, harm, accident, or wrongful death. In medical malpractice cases, patients can experience significant physical damage and financial loss because of medical negligence.
Injuries such as a traumatic birth injury can leave veterans and their families with devastating emotional grief and years of financial stress. The Federal Tort Claims Act (FTCA) provides veterans and their families a vehicle to recover money damages against the VA.
If you or your family member has experienced medical malpractice and negligence at a VA hospital, facility, or clinic, the Archuleta Law Firm may be able to help. Contact us today for a Free Case Evaluation using the form below.