What Is The Federal Tort Claims Act (FTCA)?

Government agencies, like any other enterprise, are made up of individuals. Those individuals are fallible and do not always behave or provide services that reach the highest standards of quality and care. In some cases, their negligence causes serious injury.

When that happens, an injured individual will have to file a claim regulated by the Federal Tort Claim Act (FTCA). We, the attorneys of Winckler & Harvey, LLP, most often see this arise when an active or veteran military member faces a military medical malpractice issue.

We take pride in our ability to meet the demands of our clients' medical and financial hardships while remaining on top of such a complicated injury claim process. Do not hesitate to get the representation you need to face issues of military hospital and VA hospital negligence.

Reach our Austin, Texas, office online or by telephone at 512-593-7399 (toll free at 888-640-1800) to schedule a free initial consultation.

Texas Lawyers Handling Government Negligence And Medical Malpractice

Military servicemen and women, veterans and their families face injuries similar to any other medical malpractice case (surgical errors, nursing and staffing errors, birth injuries, etc.). The FTCA requires that victims of government malpractice go through a complicated claims process. Not all claims for negligence can be brought against the federal government under the FTCA. There are too many complex exceptions to outline in detail here, but in general they can be described as:

  • You may only bring an FTCA claim against a federal employee (not an independent contractor hired by the federal government, which requires a different claims process)
  • The negligence must have occurred while the employee was working for the federal government
  • Only negligence, not intentional misconduct, can justify an FTCA claim
  • The claim will be based on the state law where the negligence occurred

Each case is different, which is why it is best to work with a team of attorneys that can help you understand what the best plan of action is in your situation. With more than 95 years of combined experience in negligence cases, we have experience and skill to help you.

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