Requirements Of Filing A Federal Tort Claim
If you or a loved one has suffered an injury due to medical malpractice in a military or VA hospital, your claim will be governed by the Federal Tort Claims Act (FTCA). The requirements of filing a federal tort claim differ significantly from a standard personal injury claim.
At the Tinsman & Sciano, Inc., we have extensive experience handling FTCA cases. We help victims of medical malpractice and their family members file suit against the federal government. We can guide you through the process as we fight to get you the maximum amount of compensation available.
Notice Of Claim
Before you can proceed with a lawsuit under the FTCA, you have to file an administrative notice of claim, known as Standard Form 95, against the negligent military hospital or medical provider. There are numerous circumstances that can complicate the filing of this form, and our firm can help you avoid missteps by handling your FTCA case from start to finish.
Matters to consider before filing Standard Form 95 include:
- Whether the injury occurred overseas
- Whether the doctor was a government employee or an independent contractor
- The state where the harm occurred
- Where the claim should be filed
Whether you or a loved one is the victim of VA medical malpractice or negligence on the part of a government employee, it is important to have an experienced lawyer on your side.
In addition to practicing law for more than 35 years, founding attorney Jeffrey C. Anderson has a medical background as a former trainer of medics at Fort Sam Houston. This combination of experience is a great benefit to our clients.
Do Not Delay
You only have two years after you discover the negligence to file a claim. After a notice of claim is filed, the agency has six months to investigate and offer an administrative settlement. If your claim is denied, you may then bring a federal tort claim against the government.
The Tinsman & Sciano, Inc. can help ensure that this complex procedure is followed correctly. We will work tirelessly to help you get the financial compensation you need and deserve.
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We take all cases on a contingency fee basis. That means we do not collect a fee unless we recover compensation for you. For a free consultation, call us in San Antonio today at 210-225-3121, or send us an email with a brief description of your situation. We advise and represent clients throughout the U.S. and abroad.