FTCA Medical Malpractice FAQs
-
Does Rawls Law Group handle FTCA medical malpractice claims nationwide?
Yes. Rawls Law Group represents clients nationwide in FTCA medical malpractice claims involving VA facilities, military medical facilities, Indian Health Service facilities, and other federally supported healthcare providers.
-
What does it cost to hire Rawls Law Group for an FTCA case?
Rawls Law Group handles medical malpractice cases on a contingency fee basis. In FTCA cases, attorney fees are limited by federal law and depend on whether the case resolves administratively or after suit is filed. We explain fees and case costs before representation begins.
-
Do I need a lawyer in the state where the malpractice happened?
Not necessarily. FTCA cases are federal claims, but they often depend on the medical malpractice law of the state where the negligent care occurred. Rawls Law Group handles FTCA medical malpractice claims nationwide and regularly works with the legal and medical issues that arise in cases across the country.
-
What if the negligent provider was a contractor rather than a federal employee?
This is an important issue. The FTCA generally applies to negligence by federal employees acting within the scope of employment. If the provider was an independent contractor, different rules may apply. Determining the provider’s status is often a critical part of evaluating an FTCA medical malpractice case.
-
How does Rawls Law Group decide whether to take an FTCA medical malpractice case?
We begin by learning what happened, identifying the facility and providers involved, and reviewing the available medical records. Some cases require review by medical experts before we can determine whether the standard of care was violated and whether that violation caused serious harm.
-
Will filing a claim affect my VA benefits or medical care?
Filing a claim should not be used as a basis to retaliate against a veteran or family member or interfere with medical care or benefits. Many veterans worry about this issue, and it is important to address it clearly.
-
What happens after I file an FTCA administrative claim?
The federal agency reviews the claim and may investigate, request additional information, deny the claim, or attempt to resolve it. If the agency denies the claim, or if it does not act within the required time, the injured person may be able to file a lawsuit in federal court.
-
Do I have to file an administrative claim before filing a lawsuit?
Yes. In most FTCA medical malpractice cases, the injured person must first present an administrative claim to the responsible federal agency. A lawsuit generally cannot be filed until the agency denies the claim or fails to make a final decision within the time allowed by law.
-
What is the deadline to file an FTCA medical malpractice claim?
FTCA claims are subject to strict deadlines. In general, an administrative claim must be presented to the appropriate federal agency within two years after the claim accrues. There may also be a separate deadline to file suit after the agency denies the claim. Because these deadlines can be complicated, you should contact an attorney as…
-
What is Standard Form 95?
Standard Form 95 is the form commonly used to present an administrative tort claim to the appropriate federal agency. In an FTCA medical malpractice case, this administrative claim generally must be filed before a lawsuit can be filed in federal court. The claim must include a specific amount of money damages sought.
-
Can I sue for malpractice at an Indian Health Service facility?
Patients injured by negligent care at an Indian Health Service facility may have claims under the FTCA. As with VA and military medical malpractice claims, the process is different from a standard state medical malpractice case, and the proper defendant is generally the United States rather than the facility itself.
-
What if the malpractice happened at an overseas military facility?
Claims involving overseas military medical care may involve different rules, including possible Military Claims Act issues. These claims are not the same as ordinary FTCA claims and should be reviewed by a lawyer familiar with federal medical malpractice procedures.