The United States was immune under state law when sued for negligent care allegedly provided by volunteer physicians at a non- profit health clinic, the 3rd Circuit has ruled in affirming a dismissal. Under the Health Insurance Portability and Accountability Act (HIPAA), volunteers who provide medical care at free clinics are deemed "employees" of the U.S. Public Health Service. Moreover, HIPAA provides that an action under the Federal Tort Claims Act against the U.S. is the sole remedy for medical malpractice committed by such volunteers.
... adverse grant of summary judgment in his medical malpractice action brought pursuant to the Federall Tort Claims Act. After careful de novo review, see John...
... treated," and declined to recognize a tortuous cause of action to recover for emotional distress ... by current state law, while malpractice claims involving companion animals would be changed. Vete... of the problems accompanying human medical malpractice could be avoided. . Relationships with... changed in, 2006 when Congress changed federal law with the inclusion of a provision to provide f...
The pursuit of administrative remedies for an underlying medical malpractice claim does not satisfy the Federal Tort Claims Act's exhaustion requirement for a wrongful death claim filed after the patient died, the 7th Circuit has ruled. After a Veterans' Affairs clinic failed to diagnose a patient's esophageal cancer, he filed a medical malpractice claim with the VA. When he died a few years later, his personal representative filed a wrongful death claim against the VA based on the failure to diagnose.
The Federal Tort Claims Act's statute of limitations is jurisdictional and therefore not subject to equitable tolling in a medical malpractice case, the 9th Circuit has ruled. The plaintiff received treatment for prostate cancer and alleged that he experienced complications resulting in physical injury.
The husband of a woman who died 10 hours after childbirth in a military hospital reached a $2.1 million settlement with the federal government. The medical malpractice case alleged Naval Hospital Bremerton in Washington was negligent in the care of Alicia Maskey, whose husband, Jason Maskey, was in the U.S. Navy. The Maskeys lived in Curryville, so Jason Maskey brought the Federal Tort Claims Act suit in U.S. District Court for the Eastern District of Missouri.
... provides that, in a suit against military medical personnel for employment-related torts, the Govern... and the suit is to proceed under the Federal Tort Claims Act (FTCA). The court then dismissed t... military medical personnel from malpractice liability, and does not create rights in favor of ...
A medical malpractice claim against federal employees isn't time- barred because it wasn't readily apparent that the government was involved in her treatment, the 3rd Circuit has ruled in reversing a summary judgment. The plaintiff, a minor, filed a medical malpractice suit in state court several years after she suffered permanent damage to her neck and back because various doctors allegedly failed to promptly diagnose a severe jaw infection that spread to other parts of her body. Unbeknownst to the plaintiff, the individual defendants were federal employees for purposes of the Federal Tort Claims Act because the clinic where they worked received federal funding.
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