Denver Federal Tort Claims Attorneys
Get Compensation after Government Medical Malpractice Harms You
The United States government typically enjoys governmental immunity, meaning it cannot be sued by a private citizen. However, the 1946 Federal Tort Claims Act is an exception to this rule. If you have been injured by an employee of the federal government while they were performing their job duties, for example, a medical professional at a federally funded clinic or hospital, Leventhal & Puga, P.C., may be able to help. Call our Denver office to set up your free initial consultation at (303) 759-9945. We handle these cases throughout the United States, and will be able to advise you for your specific situation.
What Is the Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) permits private parties to sue the United States in a federal court for civil wrongs committed by someone acting on behalf of the United States. In an FTCA case, the government acts as its own insurer, and accepts liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties.
In these cases, the United States is liable to the same extent that an individual would be held liable. This means that the United States, not the individual who did harm, is the sole defendant - you cannot bring a claim against both parties.
In Which Medical Malpractice Claims Does the FTCA Apply?
Medical malpractice claims involving the FTCA come into play when a patient has been treated at a federal hospital. Most commonly, these are U.S. Department of Veterans Affairs (VA) hospitals; however, there are other federally-run hospitals as well.
If the physician whose error caused your injury is legally considered an independent contractor, rather than an employee of the federal hospital, the FTCA would not apply. In this case, your lawyer would file a standard medical malpractice claim.
Proving Liability Under the Federal Tort Claims Act
In order to have a valid medical malpractice claim under the FTCA, you must prove four factors (United States House of Representatives):
- You were injured by a federal government employee (proof of employment status).
- The employee was acting within the scope of his or her official duties (not off-duty).
- The employee was acting negligently or wrongfully, meaning he or she failed to use reasonable care.
- The negligent or wrongful act was the direct cause of your injury.
You must also file a SF95 form with the Government. This claim form requires you to submit certain information about your loss.
You Can Work with a Top FTCA Trial Lawyer
If you’ve been injured due to the negligence of a federal employee, you deserve compensation, regardless of whether or not you were treated at a federal hospital. This is the reason the Federal Tort Claims Act exists.
You need an experienced legal team to interpret the Act and prove that your case is eligible. Injury notices to the government are almost always met with a denial, in which case your lawyer will have to prove your case in court. As top trial lawyers, the team at Leventhal & Puga, P.C., is experienced in navigating FTCA claims. We won’t let you be intimidated or overpowered by a federal agency. We allow you to focus on recovery, while we ensure you are able to pay for medical bills and time off work.
If you would like to speak with a FTCA attorney at Leventhal & Puga, P.C., about your potential case, please give our Denver office a call at (303) 759-9945. There is no charge for an initial consultation, and if we accept your case, there is no fee until we win you fair and full compensation. We take care of our clients.