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If you need an Ohio VA medical malpractice attorney to initiate a federal tort claims action, our office can help you file Standard Form 95 (SF 95). We act for civilians, active duty personal, and veterans. All medical malpractice claims against the United States must be filed under a statute called the Federal Tort Claims Act (FTCA). That law sets forth specific requirements that must be followed. It is critical that the claim be carefully prepared by an experienced federal tort claim attorney because once filed it has significant legal consequences and can be changed only under very limited circumstances. Once the claim is filed, the United States has six months to investigate the claim. If at the end of six months the government agency has not made an acceptable settlement offer, the claimant is then allowed to file a complaint in federal court.
The veteran’s affairs medical malpractice lawyers at the O’Keefe Law Firm focus on helping Veterans win their V.A. medical malpractice and negligence cases under the Federal Tort Claims Act (FTCA). The Federal Tort Claims Act (FTCA) allows Air Force families to sue when personal injury or death is caused by the negligence of the Air Force, Navy, Army, or Veterans Administration. Air Force dependents that have been injured by medical malpractice at an Air Force hospital or other military hospital, by Air Force doctors, or at VA hospitals have specific legal rights. Air Force families' legal rights are an important part of our law practice and there is a time limit for filing a claim. It is important for you to speak with an attorney experienced in handling medical malpractice cases involving the Air Force as soon as possible once you suspect that you or a family member may have been injured by medical malpractice or negligence at an Air Force hospital or other military hospital or at the hands of a Air Force or other military doctor. If you or a family member has been injured at any Air Force hospital or clinic, please contact our medical malpractice lawyers. We will help you get fair compensation for your injuries
Filing a federal tort claim will not affect your military career or your family’s access to government health care. In the unlikely event that was to occur, the aggrieved soldier would have recourse under both military regulations and federal law and our firm would aggressively pursue such recourse on behalf of the client. Finally, the right to government health care for military dependents is provided by law and cannot be denied because a claim is filed.
Generally any person who has been injured as a result of medical negligence occurring in a United States government health care facility with the exception of active duty personnel. This includes military dependents, military retirees, and veterans. Unfortunately, active duty personnel have not been able to sue for medical malpractice as a result of a US Supreme Court decision. In 1950 the Supreme Court decided a case called Feres v. United States in which it ruled that active duty personnel injured “incident to service” cannot file claims against the United States under the Federal Tort Claims Act. Receiving treatment at government facilities has been deemed an activity “incident to service”. For over 50 years the Supreme Court has refused to change its position. Instead, it has pointed out that Congress can always change the law to specifically include active duty personnel. Despite several attempts Congress has refused to change the law.
A FTCA claim in a medical malpractice action must be filed within two years of “accrual” of the claim. Accrual is defined to occur when a claimant knows he has been injured and is aware, or in the exercise of reasonable diligence should be aware, of the cause of that injury. This is an extremely complicated legal analysis that must be made by an attorney experienced with the FTCA. It is also a critical analysis because failure to file within the two year period will forever bar the injured person from filing a claim. The FTCA makes no exceptions for infants, children, or incompetents. If your infant suffers injury during childbirth, you must consult an attorney to insure that the two year rule is met.
If you believe you or a family member has been seriously injured from medical malpractice, medical error, or neglect by a doctor, hospital, nurse, clinic, nursing home or other health care provider at the VA or a military hospital, contact our experienced federal tort claim act medical malpractice attorneys for a free evaluation of your case.