Federal Tort Claims Act (FTCA)
We all know that it’s possible to sue regular doctors, hospitals, and clinics, especially if they commit negligent acts that result in major personal injury and wrongful death. But did you know that it’s possible to sue the VA for medical malpractice as well? Until the Federal Tort Claims (FTCA) was passed in 1946, the United States government was fully protected from any civil or criminal lawsuits due to sovereign immunity. But the FTCA makes it possible for people who have suffered injury, illness, death, financial loss, and emotional distress to file a medical malpractice claim and win money damages. If you’re currently in this situation, you need strong legal representation on your side before filing a claim. Luckily for you, the legal team at Janicek Law has what it takes to successfully litigate medical malpractice cases against the Federal Government.
If your health and finances have suffered due to a negligent federal government employee at Brooke Army Medical Center (BAMC) or another medical entity that is operated by the Federal Government, our top-notch legal team wants to take on your case. Call our law firm today at 210-366-4949 to schedule a free consultation today.
Brooke Army Medical Center (BAMC)
Brooke Army Medical Center (BAMC) in San Antonio, TX is one of the many VA hospitals across the nation. More specifically, BAMC is the Department of Defense’s largest VA medical facility and its only Level 1 Trauma Center. More than 8,000 military members and civilians work here.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional’s negligent actions or inactions cause a patient to suffer a personal injury, illness, or wrongful death. A medical professional isn’t the only one who can make a mistake and face a medical malpractice lawsuit. Clinics and hospitals as a whole can make major medical mistakes too. In cases like this, injured people can file medical malpractice claims against entire medical facilities in order to recover money damages such as future expected medical expenses, lost wages, and more.
Common Examples of Medical Malpractice
There are many types of medical negligence that people can sue for. Listed below are the types of medical malpractice claims that our team handles on a regular basis.
- Medication errors
- Diagnostic errors
- Birth injuries
- Surgical errors
- Retained foreign objects
- Anesthesia injuries
- And so much more
Medical negligence can result in catastrophic injuries, illness, and wrongful death. For example, patients of negligent doctors could suffer traumatic brain injuries, spinal cord injuries, cardiopulmonary issues, seizures, organ damage/failure, stroke, blood clots, excessive bleeding, and so much more. Victims of medical malpractice absolutely should file a lawsuit if their illness or injury occurred due to negligence. A medical malpractice claim can allow victims to recover compensation and justice for their suffering. San Antonio medical malpractice lawyers at Janicek Law can help victims do this.
Can You Sue for Medical Malpractice?
Yes, you certainly can sue VA hospitals, clinics, and doctors for medical malpractice especially if you can directly prove that their negligent acts caused your illness or injury.
Can You Sue For Wrongful Death?
Yes, you can sue doctors, clinics, and hospitals for medical malpractice especially if you can directly prove that their negligent acts caused wrongful death. Obviously, the deceased victim cannot file a lawsuit against a medical facility or doctor, but the family members left behind can on their behalf.
The legal team at Janicek Law has the skill and experience necessary to successfully litigate medical malpractice and wrongful death claims filed against the VA.
What is the Federal Tort Claims Act (FTCA)?
The Federal Tort Claims Act (FTCA), passed in 1946, is a federal law that allows an injured person to file a lawsuit against a federal employee and/or entity. This means that an injured person (or the family member of a deceased person) could sue a doctor, hospital, outpatient clinic, etc. for medical malpractice in federal court if they so choose.
The FTCA is a monumental law because it represents the first time that the United States government dropped its sovereign immunity. Sovereign immunity is a legal doctrine that states that a government or state (such as the Department of Veterans Affairs) can’t commit a legal wrongdoing, and therefore, it cannot face civil or criminal lawsuits. For example, a person could not sue the Food and Drug Administration (FDA) for a drug injury because it is a government entity.
FTCA claims and Section 1151 also differ in financial compensation. People who file Section 1151 claims receive disability compensation on a monthly basis. Meanwhile, people who file claims under the Federal Tort Claims Act don’t receive compensation based on how their disability affects their ability to work. Instead, victims receive compensation based on their overall pain, suffering, and economic loss. Unlike disability compensation, an FTCA settlement is paid via one lump sum.
Lastly, the two types of medical malpractice claims differ in that federal tort claims are much more complicated and difficult to prove. By contrast, Section 1151 claims require far less paperwork and far less evidence. Still it’s crucial to have an experienced legal representative on your side for an FTCA claim or a Section 1151 claim.