Medical malpractice claims against VA Hospitals are covered under the Federal Tort Claims Act. The FTCA is decades old and provides a strict set of rules for making tort claims (injury claims) against the federal government and its employees. Two important features of the FTCA are that the right to a jury trial is not available, meaning all trials are conducted with a federal judge or magistrate as the fact finder. A second important feature is that the time frame in which to bring a claim under the FTCA is very short, usually just two years. Many more rules apply to bringing an FTCA claim, such as how and when to provide notice of the potential claim and the interaction of the FTCA with state tort laws.
Two examples of when an FTCA claim are proper are medical malpractice claims against the federal government, usually Veteran’s Administration Claims, and car accidents involving federal employees who drive while on the job. Lately, the VA has been under fire for improper medical care and understaffing. Stories involving staph infections and long waiting times have been in the news all around the country.
The St. Louis-based medical malpractice law firm Meyerkord & Kurth has handled many Federal Tort Claims Act cases, including medical malpractice, automobile crashes, and even pharmaceutical errors. To learn more about your potential case and rights, please contact our law firm a call for a no-obligation case review today.