Federal Tort Claims Act & Your Hawaii Medical Malpractice Claim

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. Additionally, a Honolulu medical malpractice lawyer can explain to you the special laws that apply when filing a claim against a government hospital.

Overview of the Federal Tort Claims Act

The Federal Tort Claims Act makes pursuing a medical malpractice claim against the government possible. While on one hand it serves to protect a government hospital, on the other hand it allows you the right to recover damages that resulted from a government employee’s negligence.
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.

Elements of a Federal Tort Claim

Can I settle my Honolulu accident claim against the government?
If a Honolulu accident has prompted you to file a Federal Tort Claim (FTC), you may be wondering if you can settle your claim against the government yourself.
Claimants do have a couple of opportunities to settle a FTC against the government. One option is to reach a settlement with the government’s attorney during the claims process.
A second option is to settle your Honolulu accident claim in federal court. If your FTC is initially rejected or a satisfactory settlement cannot be reached, a new set of government attorneys assigned from the United States Department of Justice, may work with you to settle a Federal Tort Claim.
 
Keep in mind that settling a claim against the government without legal representation is not in your best interests.
Will I need a Honolulu accident lawyer to represent me in a claim against the government?
While you do have the right to represent yourself, if you have been involved in a Honolulu accident caused by a government entity or employee, self representation is not advisable by any means.
The laws concerning the FTCA are extremely complicated. It would be very difficult for an individual to understand the process and navigate the court system. Getting the help of an experienced Honolulu accident lawyer is the best option.
This is especially true in cases where damages are significant. A Honolulu accident lawyer can help you to determine what damages apply in the short-term, as well as in the long run. This includes things like continuing medical care and lost wages.
If you have been injured in a Honolulu accident by a government entity or employee, contact a Honolulu accident lawyer. The statute of limitations for cases against the government is often very short, giving you precious little time to file a case and gather the necessary evidence. Your Honolulu accident lawyer can ensure that you make the necessary filings within the prescribed time periods.

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. Hawaii attorneys 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 – 866-806-4349.
Posted in Medical Malpractice

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