Federal Tort Claim for Malpractice & Injury by the United States
Medical malpractice and injury caused by the United States, by any federal agency, including the Department of Veteran’s Affairs (VA), U.S. Postal Service and the Department of Health and Human Services involve special federal laws. When our clients are injured by the federal government, their rights are generally governed by the Federal Tort Claims Act (FTCA).
Whether it involves medical malpractice by a federally funded health care facility or a car accident caused by a United States postal worker, before a lawsuit can be filed under the Federal Tort Claims Act, a written administrative claim must be presented in a special form and manner to the federal agency employing the person who caused the injury. The agency then has six months to either admit or deny the claim. A lawsuit cannot be filed until the administrative claim has been denied or until six months has passed without the agency acting on the administrative claim.
In such cases, a federal judge, not a jury, decides your case. In other words, a federal court judge is your juror. For all of these reasons, if you or a family member is injured by an employee of the federal government, you need a competent federal tort lawyer who has tried FTCA claims in federal court.
While there are more than 80,000 lawyers in Florida, there are only a small number of lawyers who specialize in civil trial law. Most people may not be aware that the Florida Bar has certified lawyers less than 2% of Florida lawyers as specialists in civil trial law which includes medical malpractice and injury caused by federal employees. In addition, there are even fewer Florida lawyers who are also a licensed medical doctor.
We offer both a board certified trial lawyer and a medical doctor/lawyer. Along with a critical care registered nurse who serves as medical case manager, clients receive the medical and legal expertise necessary to take on the United States Attorneys who will defend the government. People should understand what they are up against when they are considering a claim against the United States for injury or death.
Unless individuals injured by United States has a malpractice or injury lawyer with a long track record of success, they may not even have a fighting chance for a just result. Indeed, we believe so strongly that the selection of a lawyer may lose the case years before it ever goes to trial that we have written a book to help consumers select the right lawyer. We continue to make the book, Seeking Justice: An Insider's Guide for the Injured, available at no charge.
