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Hospitals under the FTCA

Hospital Patients Protected Under the Federal Tort Claims Act

A hospital is a place in which you expect to be well cared for and feel safe. Unfortunately, that is not always the case, and in the case of military hospitals, incidences of negligence and  malpractice occur far too often. If you, your child, or your spouse has been injured due to a doctor’s or other staff member’s negligence in an Army, Air Force, Navy, or other military hospital anywhere stateside or overseas, the lawyers at Brown Law have the experience you need in handling medical malpractice claims.

Under federal law, a patient may bring a military medical malpractice claim in the case of malpractice or negligence at a military hospital. Because these hospitals, clinics, and facilities are agencies of the federal government, the patient is protected under the Federal Tort Claims Act (FTCA), which grants the legal right for a lawsuit against the US government. There are some exceptions to this law:

  • An active duty military personnel cannot sue the government for injuries

  • The healthcare provider or hospital is an independent contractor so would need to be sued under state law

  • A statute of limitations has run out (two year time limit)

The law firm of Brown Law has over 30 years experience and success in military medical malpractice claims and fully understands FTCA law and how it works at the practical level. Because exclusions apply even if injuries were sustained in a US military base hospital, we aggressively advocate to help military families  It is extremely important to that you hire an attorney with the experience under both stateside claims under FTCA and overseas claims under the Military Claims Act (MCA).

How to Bring a Malpractice Claim under the FTCA

Bringing a claim under the FTCA can be sticky, because most people do not know that the two-year time period of the statute of limitations begins when the plaintiff first learns of both the existence and cause of injury. At Brown Law we know the exact steps to take to bring a claim under the FTCA:

  • You must make an administrative claim for the total amount of damages suffered by a standard form 95 – that means you must make sure to include a dollar amount big enough to cover all known past and present damages, as well as projected future damages.

  • The military hospital or medical facility will take six months or longer to review your claim, and then decide whether to settle in full, settle for less, or outright reject it.

  • If the claim is rejected, or you decide not to wait for an administrative settlement, the FTCA requires you file a lawsuit within six months of the denial in a federal court.

Our law firm will tirelessly pursue recovery for you and the justice you deserve. We work face-to-face with you and have a track record with impressive results for our past clients. We believe we can help you too.

Why Brown Law?

At Brown Law, we not only have success and experience in medical malpractice claims against military hospitals, we have developed a comprehensive practice covering all areas of medical malpractice, surgical malpractice, pharmaceutical errors, and many other specific practice areas. When you contact our office you:

  • Will never be passed off to an assistant or paralegal; you will work one-on-one with a real attorney that has experience in military medical malpractice

  • Will not be charged any fees unless we recover compensation for you

  • Will have direct access to experienced trial lawyers and will be able to reach us 24/7

Please give us a call at 1-877-695-8757 or contact us online today for a free, confidential consultation.

DISCLAIMER: An attorney-client relationship with us cannot be formed by transmission or receipt of the information on this Website and any information you send in an e-mail message to this website will not make you a client. We reserve the right to decline any representation for any reason. This Website is for informational purposes only and is not intended to provide legal advice. You should not act or rely on any information in this Website without seeking the advice of a lawyer

 

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