Suing a Federal Medical Facility Under the FTCA

Connecticut residents who have been victims of medical malpractice at a facility run by the federal government can file a lawsuit because medical malpractice lawsuits are an exception to the prohibition against suing the government. Such lawsuits can be filed under the Federal Tort Claims Act. Physicians working in federal hospitals who are independent contractors are not subject to FTCA rules, but doctors who are employees of those facilities are.

To file a lawsuit under the FTCA, a plaintiff should make a note of the different statute of limitations and notice requirements. Furthermore, no punitive damages are permitted against the federal government. It is necessary to first send the federal agency involved in a potential lawsuit a notice of claim describing the case. The time frame for sending this notice is two years from the time the plaintiff discovers the injury or has had reasonable time to discover it. The agency must then respond within the next six months. Within the following six months, the plaintiff must sue the agency. It is critical to adhere to these requirements in order to prevent the case’s dismissal.

In Pennsylvania, a judge ordered a federal hospital to pay $41.6 billion in a case involving botched forceps delivery. The error resulted in severe permanent brain damage for the baby.

There are a number of other types of injuries that may result from negligence during delivery including cerebral palsy and other permanent disabilities. A medical professional may fail to recognize that a baby or mother is in distress or might choose an inappropriate treatment or approach to the mother’s labor, such as misusing forceps, that causes harm. If it can be demonstrated that the medical professional did not provide the requisite standard of care, the medical malpractice lawsuit may be successful.