While FTCA cases are a federal process, the FTCA borrows the “substantive” law of the state where the harm occurred. State law controls issues like damage caps (i.e., the maximum amount you can recover in a lawsuit under state law). This means that the rules applicable to any given FTCA case can vary hugely. For example, if medical malpractice occurs at a facility in Texas, that state’s $250,000 cap on pain and suffering damages would apply, but if the same injury occurred at a facility in Arizona there would be no such limitation because it is a state with no caps on your recovery.
