Federal Tort Claims
Experienced Medical Malpractice Attorney Serving Anchorage
At The Law Offices of David Henderson, you can receive personal legal assistance
for your case. As an
Anchorage medical malpractice lawyer, I have more than 20 years of experience in the medical malpractice and
personal injury field. If you are filing a federal tort claim, I can discuss
your options, help you file the paperwork, and tirelessly represent you
in court as you seek a favorable settlement. I work hard to handle the
legal issues of your case so you can focus on getting well. Whatever your
contact me today for a
free consultation and find out how I may help.
Understanding the National Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) essentially allows U.S. citizens to
file lawsuits against the government. While federal employees may not
be held personally liable for certain actions, the U.S. government can
be sued instead. Tort actions include any intentional wrongdoing, negligence,
or carelessness that results in injury to a person. It involves the failure
to uphold a legal duty of care, such as the duty of care imposed on medical
Types of Federal Tort Claims
Unless prohibited by certain regulations under the FTCA, a citizen may
file a federal tort claim against the U.S. government for negligence or
careless actions. However, the plaintiff must take administrative actions
before filing a lawsuit. This involves filing an administrative claim
with the proper agency in the government within the statute of limitations,
and filing an FTCA tort claim form, Standard Form 95. If you are pursuing
a federal tort claim against a government agency, I can help you complete
all necessary legal tasks throughout the process.
Common types of federal tort claims involving medical malpractice include:
- Army hospital medical malpractice
- Air Force hospital medical malpractice
- Medical malpractice at a federally funded clinic
- Veterans Affairs (VA) hospital medical malpractice
- Alaska Native Hospital Malpractice
Service members and their families rely on medical treatment and care from
military hospitals. If these government medical centers fail to provide
safe and effective treatments, or improperly diagnose an injury or illness,
I can help you file a federal tort claim. However, you must file a Form
95 with the appropriate federal agency first to try and reach a settlement
through administrative means. The Form 95 must include a statement of
the nature of your claim, as well as a “sum certain” statement
outlining the amount of settlement your case requires.
The statute of limitations for filing a federal tort claim against a government
agency is 2 years. This means you have 2 years from the date of your injury
to file a Form 95 claim. If a settlement cannot be made after filing a
Form 95 with the proper agency, you may then file a lawsuit. However,
you must wait a minimum of 6 months from the date you filed the Form 95
to proceed with a federal tort claim.
Passionate Legal Assistance for Federal Tort Claims
Healthcare providers, even those working for the federal government, have
a responsibility to provide accurate and safe medical care to patients.
If they breach this duty of care, and an injury results, you have the
right to pursue compensation. As an Anchorage medical malpractice lawyer
with decades of experience, I can work hard to maximize the amount of
compensation you may be entitled to. Filing a federal tort claim has several
steps and can be complicated. However, I know how to file the correct
paperwork, and can build your case and uphold your right to a settlement.
Call me today at (888) 295-6566 to discuss your case.