Articles Tagged with ftca

I believe that I was a victim of medical malpractice in the VA hospital in Nashville.  How much time do I have to file a medical malpractice claim against the VA? 

You cannot file suit without first filing a claim.  Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury.  The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim.  It may try to settle the case, or it may deny the claim.  When the government denies a claim the claimant then has a right to file suit in federal court.  If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

I was in a car wreck caused by a driver who was driving a car owned by the Department of Defense.   The other driver told me that she was going to a business meeting in Nashville.  The wreck occurred on Interstate 40 near Mt. Juliet.  Can I sue the federal government and recover damages for the injuries I received?

Yes, although there is a special law that governs the rights of people to sue the federal government for the acts and omissions of its employees.  Tennessee rules of evidence and procedure do not apply to these cases, although the Tennessee driving laws will apply.

The special law that governs the process for this type of case is called the Federal Tort Claims Act ("FTCA").  The FTCA became law in 1946 and is the mechanism for compensating people injured by the negligence of federal employees.  The appropriate federal agency must be given notice of the claim on an approved form and, if the case is not settled, the case must be filed in federal court.  The trial is a non-jury trial.

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