Trips to any hospitals, including hospitals and medical centers run by the government can result in substantial harm when medical malpractice occurs. If you have been the victim of medical malpractice at a federally funded clinic by an individual that has been deemed an employee of the United States federal government, you must follow the procedure set out by the Federal Tort Claims Act (FTCA) for filing suit. There are over 300 federally funded clinics in Texas alone.
Medical malpractice can result in a number of injuries including:
- Failure to diagnose disease/cancer
- Misdiagnosis or incorrect diagnosis
- Surgical neglect
- Delay in diagnosing disease/cancer
- Failure to monitor or treat patients
- Administering improper medications
- Overdosing patients
- Unnecessary procedures causing injury
Government Hospitals and Clinics where Medical Malpractice can Occur
It is often difficult to determine if the hospital or clinic involved is federally funded. It may not be advertised on the door. Filing your lawsuit without following the requirements of the FTCA will be fatal for your litigation. It is imperative that before filing your lawsuit, you determine if the facility was government funded. There are number of different ways to determine whether you are dealing with a federally funded clinic, including:
- Look at the Clinic or Facility’s website.
- Ask the clinic or hospital administrators.
- Contact the Bureau of Primary Health Care (BPHC) of the Heath Resources and Services Administration (HRSA) of the Health and Human Services (HHS) Department.
- Search the Health and Human Services (HHS) website for FTCA facilities.
Finding out whether your hospital or clinic is federally funded and covered by the FTCA may be difficult. It is important to hire, a lawyer who is skilled in this area and knows where to look.
HOW DO I SUE THE GOVERNMENT FOR MEDICAL MALPRACTICE?
When filing suit against the government for injuries resulting from medical malpractice at a government hospital, individuals must follow the strict rules of the FTCA.
- File a Form 95 with the correct federal agency.
- In the Form 95, state the nature of your claim and the sum of the damages sought.
- File the Form 95 within two years of the negligence.
Once the Form 95 has been filed with the appropriate federal agency, you must work with the agency to resolve your claim. If the claim cannot be resolved with the federal agency, you have the option of filing suit after the prescribed waiting period, so long as you file within the appropriate limitations period.
The attorneys of the Law Office of Mynor E. Rodriguez P.C. have years of trial and administrative experience. We are here to assist you with this technical process. Please contact us if you or a loved one has suffered medical malpractice at a government hospital and clinic. Contact us now – before it’s too late and before your claim is filed in the wrong manner.