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What is the Federal Tort Claims Act?


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?

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. 

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:

  1. Army hospital medical malpractice
  2. Air Force hospital medical malpractice
  3. Medical malpractice at a federally funded clinic
  4. Veterans Affairs (VA) hospital medical malpractice
  5. 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 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 the claim.

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.