Published by Arfaa Law Group
Patients who receive medical treatment at Veterans Affairs hospitals, military medical facilities, and other federally operated healthcare institutions generally expect to have the same legal remedies available as those treated by private healthcare providers. While injured patients may pursue compensation when negligent medical care causes harm, claims against the federal government are governed by unique procedural rules that differ significantly from traditional medical malpractice lawsuits. A recent decision demonstrates how failing to comply with the Federal Tort Claims Act can prevent a medical malpractice claim from moving forward, regardless of the seriousness of the underlying allegations. If you believe you suffered injuries because of negligent care at a federal healthcare facility, speaking with an experienced Baltimore medical malpractice attorney can help ensure your claim is properly preserved.
Facts and Procedural History
Reportedly, the plaintiff underwent an elective surgical procedure at a Veterans Affairs medical center in Arizona. The plaintiff alleged that while under anesthesia, a physician administered medication and performed an additional medical procedure without obtaining informed consent. The plaintiff initially filed a medical malpractice lawsuit against the physician in state court. The United States subsequently intervened, asserting that the physician was acting within the scope of federal employment during the procedure, removed the case to federal court, and substituted the United States as the defendant under the Federal Tort Claims Act. The federal court ultimately dismissed the malpractice action because the plaintiff had not exhausted the administrative remedies required by the FTCA before filing suit.
It is reported that after the dismissal of the malpractice action, the plaintiff filed additional lawsuits challenging the conduct of various federal agencies and government attorneys involved in defending the original case. The plaintiff asserted constitutional claims, intentional infliction of emotional distress, and allegations relating to fraud on the court, contending that government officials had acted improperly during the defense of the underlying medical malpractice litigation. The defendants moved to dismiss the action on multiple jurisdictional and procedural grounds.
Medical Malpractice Claims Against Federal Entities
The United States District Court dismissed all of the plaintiff’s claims. In doing so, the court explained that the federal government enjoys sovereign immunity unless Congress has expressly authorized a lawsuit. For medical malpractice claims involving federally employed healthcare providers, that waiver of immunity is provided through the Federal Tort Claims Act. However, before filing suit, a claimant generally must first present an administrative claim to the appropriate federal agency and allow the agency an opportunity to investigate and resolve the matter. These administrative exhaustion requirements are mandatory and are a prerequisite to maintaining an FTCA action.
The court further explained that the plaintiff’s constitutional claims could not proceed because they were asserted against federal agencies and officials acting in their official capacities rather than against individual federal officers in their personal capacities. As a result, sovereign immunity barred those claims. Likewise, the plaintiff’s emotional distress allegations could not proceed because they had not been properly pursued under the Federal Tort Claims Act, which provides the exclusive avenue for many tort claims against the federal government. Having determined that the plaintiff failed to establish a valid waiver of sovereign immunity or satisfy the applicable jurisdictional requirements, the court dismissed the action.
Confer with an Assertive Baltimore Medical Malpractice Attorney
If you believe you were injured while receiving treatment at a Veterans Affairs hospital or another federally operated medical facility, it is advisable to talk to an attorney about your potential claims. The assertive Baltimore medical malpractice attorneys of Arfaa Law Group understand the procedural requirements that can determine whether a claim proceeds, and if we represent you, we will help you pursue the compensation you deserve. To schedule a consultation, call Arfaa Law Group at (410) 889-1850 or complete our online contact form today.