At Glover Luck LLP, we help military dependents and retirees submit claims and request recovery for conditions that were the result of malpractice by military or government healthcare providers. While most active duty personnel cannot sue the government for malpractice by military doctors, they can file a claim on behalf of their children or dependents. If you are one of the many people who are eligible to receive healthcare through a federal facility, you should be informed about your rights in case you become the victim of medical malpractice or government negligence. If you want to know more about this, contact our Texas FTCA lawyer as soon as possible. We are ready to provide you with guidance.
What Are FTCA Cases?
FTCA cases refer to claims brought under the Federal Tort Claims Act, a law that allows individuals to hold the United States government responsible for certain actions by federal employees. In most situations, if someone working for the federal government causes harm while performing their job duties, the FTCA provides a path for the injured person to seek compensation. These cases are handled differently from claims against private individuals or businesses, and the process involves specific rules and deadlines. Your Texas FTCA lawyer from our firm can help you if you believe you have a case.
When FTCA Applies
The FTCA applies when someone is injured due to the negligence or wrongful act of a federal employee. The act only covers conduct that happens within the scope of the person’s job duties. This means that if a government worker causes harm while doing something outside of their official responsibilities, the FTCA may not apply. It’s also important to know that independent contractors working with the government are typically not covered under this law.
Many FTCA claims involve federal agencies like the Department of Veterans Affairs, the U.S. Postal Service, or federal health facilities. For example, if a patient is injured at a VA hospital because of a medical mistake, the claim may fall under the FTCA. Car accidents involving government vehicles and slip-and-fall incidents at federal buildings are other situations that may give rise to these types of cases.
Process And Timing Requirements
Filing a claim under the FTCA begins with a formal administrative process. Before going to court, the injured person must file a Standard Form 95 with the appropriate federal agency, providing details of the injury and the amount of damages being claimed. The agency then has six months to respond. If the agency denies the claim or does not act within that time, the individual may then file a lawsuit in federal court.
There are strict time limits involved. In most cases, the injured person has two years from the date of the incident to file the administrative claim. Once the claim is denied or unresolved, the lawsuit must be filed within six months. Missing these deadlines can prevent the claim from moving forward.
Differences From Other Personal Injury Cases
Unlike lawsuits involving private parties, FTCA cases are handled in federal court, and there is no right to a jury trial. A judge makes the final decision. There are also limitations on what damages can be awarded. For instance, punitive damages are not allowed under the FTCA, even in serious injury cases. Additionally, certain types of government conduct—like discretionary actions or military combat decisions—are immune from suit.
Working with a Texas FTCA lawyer can help clarify whether the government can be held responsible in a specific case. These cases often require careful attention to detail, including gathering records, meeting deadlines, and identifying whether the claim meets all FTCA conditions.
If you’ve been injured and believe a federal agency or employee was at fault, it’s important to speak with someone who understands these cases. At Glover Luck LLP, we help clients across the state assess their options and pursue valid claims. Contact us today to speak with a Texas FTCA lawyer who can help protect your rights and guide you through each step of the process.
Types Of Claims We Can Handle
The FTCA is a complex law, and you may need insight on how to proceed. If you believe you have become the victim of medical malpractice from a federal healthcare provider, we suggest seeking advice from our FTCA attorney immediately. Your claim has to be filed within two years from the date you observed your condition or through reasonable diligence that you should have been aware of the negligence. This two year duration is called the statute of limitations. You must ask for a specific dollar amount and if your claim does not have this sum certain, our FTCA attorney knows that it may be deemed invalid. If your claim is not received by the government within this timeframe, you are essentially eliminating your right to submit a claim for monetary damages. As our Texas TCA lawyer explains, examples of medical malpractice cases we can handle include:
- Cerebral palsy
- Birth injury
- Wrongful death
- Meningitis diagnosis delay
- Misdiagnosis of cancer
- Surgical errors
- Pediatric malpractice
- Medical or pharmacy errors
- Orthopedic malpractice
- Cardiology
- Infection diseases
- Stillborn baby
- Group B beta strep
- Newborn screening
- Failure to identify/treat newborn jaundice
- Paraplegia or quadriplegia
How To Initiate Your Lawsuit
If your claim has been filed within the statute of limitations period, then by law the agency has six months from the claim file date to investigate and conclude a settlement. If the government has not taken action on your claim and the six month administrative deadline has expired, you may view this inaction as a denial. Then, you are entitled to initiate a lawsuit against the United States in Federal District Court. Those who are not satisfied with the final administrative action have six months from the certified letter date to file a lawsuit. For more details, reach out to our FTCA attorney today.
Glover Luck LLP
If you would like to talk with our team about a FTCA matter, contact us to schedule an appointment. Our Texas FTCA lawyer is committed to advocating for your veterans rights. We can pursue every option available to get you the compensation you deserve for your injury claim. When medical malpractice or negligence happens under the care of a federally-employed facility, it’s time to speak with a legal team. At Glover Luck LLP, we are ready to get to work as soon as we hear from you. We hope to offer support today.
