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Federal Tort Claims Act & Your Hawaii Medical Malpractice Claim

It is hard to believe that the very doctors meant to treat a patient can be the same individuals who end up causing additional injuries or harm. Victims of medical malpractice in Hawaii have the right to pursue damages from the doctor or hospital that caused their injury, but what if the malpractice occurred at a government hospital?

While pursuing a medical malpractice claim against a government hospital can be complicated, it is not impossible. If you have been injured at a government hospital, you have the right to recover damages if a federal employee’s negligence is to blame.

A Honolulu medical malpractice lawyer can evaluate your case to determine if you have a valid medical malpractice claim against the government.

What is the Federal Tort Claims Act?

The Federal Tort Claims Act (FTCA) was enacted in 1946 and allows private citizens to file civil lawsuits against government employees or entities who caused them injury or other harm. Filing an FTCA lawsuit is much more complicated than a traditional civil claim, so it's best to speak with an attorney who has experience handling these types of cases.

Do I Have a Medical Malpractice Claim Against a Government Hospital?

Before you file a medical malpractice claim against a government hospital, you must first establish that you have a valid claim. In addition, a government hospital is protected by the FTCA, which can impact not only your ability to file a medical malpractice claim against a government hospital but also its outcome.

There are important factors that will play a part in how the FTCA will affect your medical malpractice claim against the government, including:

  • Negligence – you must be able to establish that a government hospital employee’s actions or lack of actions resulted in your injuries.
  • Employee – it must be proven that the person was a federal employee.
  • Employment – it must also be proven that the federal employee was acting within the scope of their employment.

A medical malpractice claim against a government hospital is a complicated case. A Honolulu medical malpractice lawyer can talk to you about your legal options if you have been injured because of someone else’s negligence at a government hospital.

Filing a Notice of Claim Against a Government Hospital

Before you can even file a medical malpractice claim against a government hospital, you must first file a notice of claim with the agency that committed the act of negligence. You have 2 years to file this notice of claim.

From there, your claim will either be accepted or denied. If it’s accepted, negotiations for a settlement will begin and if it’s denied, you may choose to file a lawsuit against the government hospital.

Contacting a Honolulu Medical Malpractice Lawyer

After a serious medical malpractice incident in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjusters, never-ending paperwork, and complicated legalese. The attorneys at Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims on Oahu, Maui, the Big Island, Kauai, and beyond. Contact us today for a no-cost case evaluation(808) 740-0633.


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