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How Do I Get Federal Tort Claims Act Coverage?

How Do I Get Federal Tort Claims Act Coverage?

Three Types of Torts

A tort is a civil wrong that results in the claimant suffering loss or harm and resulting in legal liability for the individual who commits a tortious act. A tort is an act that brings harm to an individual or infringes upon the rights of others. There are three main types of torts:

  • Intentional tort

As the name suggests, an intentional tort is a wrongful act that is committed on purpose. There are seven types of intentional torts. Four of them are personal: assault, battery, intentional infliction of emotional distress, and false imprisonment. The other three are trespass to chattels, trespass to property, and conversion. Battery, assault, and trespassing property are the most common types of intentional torts that motivate individuals to contact an attorney.

  • Negligence

Negligence is a type of conduct that falls below a reasonable standard of care for the safety of the individuals around you. Negligence claims must prove four things in court: duty, breach, causation, and damages or harm. Typically, if an individual behaves carelessly and causes injury to another person, that person is prone to become liable for the harm that results from that situation.

  • Strict liability

Lastly, strict liability is a legal doctrine that holds an individual responsible for their actions without the need to prove negligence or fault. For example, if an individual engages in ultrahazardous activities like keeping wild animals, using explosives, or creating defective products, they can be legally responsible if it results in another person’s injury.

What Is Federal Tort Claims Act Coverage?

The Federal Tort Claims Act is the federal legislation that enables individuals who claim to have been injured due to negligent acts committed by employees of the U.S. government to file claims against the federal government. The Act also enables the federal government to defend against these claims. One specific way this plays out is that medical malpractice liability protection is granted to HRSA-supported health centers. The HRSA, or Health Resources and Service Administration is an agency of the U.S. Department of Health and Human Services. It is the federal agency that is primarily responsible for providing healthcare to individuals in geographically isolated or who are economically or medically vulnerable.

The Act considers the workers of these health centers to be Federal employees, and they can be granted medical malpractice liability protection. To receive coverage, you must submit an initial deeming application to the U.S. Department of Health and Human Services, Health Resources and Services Administration, Bureau of Primary Health Care, and you must also meet the necessary requirements to earn the status. You must renew the application annually in order for coverage to continue coverage. If you receive coverage, a patient who alleges medical malpractice would have to sue the U.S. government rather than the center directly. This provides an additional level of comfort and protection for the hardworking healthcare employees who are faced with these challenging situations.

If you have any questions about medical malpractices cases or other personal injury cases, call The Law Offices of David Henderson at (888) 295-6566 or contact us online.


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