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. If you have been seriously injured while receiving treatment or care in a government hospital, you may be eligible to file a medical malpractice claim against the government.
The Honolulu medical malpractice lawyer you choose should not only have experience and knowledge of medical malpractice laws but should understand the specific laws that apply to a government hospital and how that may influence your case.
A Honolulu medical malpractice attorney will work on your behalf and help collect the necessary evidence to prove not only the extent of your injuries but who at the government hospital may be held liable for those injuries.
Federal Tort Claims Act & Your Medical Malpractice Claim
The Federal Tort Claims Act (FTCA) will affect your medical malpractice claim against a government hospital. This is a complicated type of law, but an experienced Honolulu medical malpractice lawyer can help you to jump the many hurdles that may be placed in your way.
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.
A number of factors will affect your case, including:
- the ability to establish negligence;
- parties that are protected from being sued;
- status of the negligent party’s employment with the government; and
- hospital and location of the negligent act.
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.
Filing a medical malpractice claim against a government hospital is not an easy undertaking. This is why you should contact a Honolulu medical malpractice lawyer who can handle the nuances of such a case and guide you in every step of the process.
Contacting a Honolulu Medical Malpractice Lawyer
After a serious medical malpractice incident, you should be able to spend your time focusing on your recovery; not dealing with insurance adjusters, never-ending paperwork and complicated legalese. Davis Levin Livingston will fight for your rights while you focus on healing. Contact us today for a no-cost case evaluation – (808) 740-0633.