What is the FTCA?

The Federal Tort Claims Act (FTCA) is a federal law that allows private citizens to sue the United States government for personal injury, property damage, or wrongful death caused by the negligence of federal employees. Before the FTCA was enacted in 1946, the government was immune from such lawsuits under the doctrine of sovereign immunity. The FTCA provides a legal pathway for injured individuals to seek compensation in specific circumstances.

How does the FTCA work?

The FTCA permits individuals to file claims against federal agencies when a government employee’s negligence or wrongful act, occurring within the scope of their employment, causes harm. However, the FTCA has several key limitations and procedural requirements that claimants must follow.

Understanding the Federal Tort Claims Act

• Claims must be filed with the appropriate federal agency first. Before filing a lawsuit in court, injured parties must submit an administrative claim to the responsible federal agency.
• Strict deadlines apply. Claimants generally have two years from the date of injury to file a claim.
• Only specific claims are allowed. The FTCA covers negligence-based claims, but it does not allow lawsuits for intentional misconduct, such as assault or battery, unless committed by a federal law enforcement officer.
• State law governs liability. The government is held liable in the same manner as a private party under the applicable state’s laws where the incident occurred.

What are the exceptions to the FTCA?

Not all claims against the federal government are allowed under the FTCA. Some exceptions bar individuals from seeking compensation even if they suffered harm due to a government employee’s actions.

• Discretionary function exception: The government is not liable for actions based on policy decisions or discretionary functions.
• Intentional torts (with limited exceptions): Most intentional acts, such as defamation or false imprisonment, are not covered unless committed by law enforcement.
• Military and combat-related claims: Injuries sustained by active-duty military personnel in the course of service are not compensable under the FTCA.
• Independent contractors: The government is not responsible for the negligence of independent contractors working for federal agencies.

How do you file a claim under the FTCA?

Filing an FTCA claim requires careful adherence to procedural rules to avoid dismissal. The process includes the following steps:

1. Submit a Standard Form 95 (SF-95). This form must be filed with the appropriate federal agency and detail the injury, damages, and compensation sought.
2. Wait for the agency’s response. The federal agency has six months to review and respond to the claim.
3. File a lawsuit if necessary. If the agency denies the claim or fails to respond within six months, the claimant may file a lawsuit in federal court.
4. Litigate in federal court. FTCA lawsuits must be filed in the U.S. District Court where the incident occurred, and they are tried without a jury.

Can you sue the government for medical malpractice under the FTCA?

Yes, the FTCA allows medical malpractice claims against federally funded healthcare providers, such as those at Veterans Affairs (VA) hospitals and community health clinics. However, claimants must prove that a government-employed medical professional acted negligently and caused harm.

• Claims must follow the standard FTCA process. An administrative claim is required before pursuing a lawsuit.
• Expert testimony is often necessary. Medical malpractice cases typically require expert witnesses to establish the standard of care and prove negligence.
• Special rules for military personnel. While active-duty service members cannot sue under the FTCA, military dependents and veterans may file medical malpractice claims.

Conclusion

The Federal Tort Claims Act provides a legal avenue for individuals harmed by federal employee negligence to seek compensation. However, strict rules, procedural hurdles, and exceptions make it essential to understand the claims process. Consulting an experienced personal injury attorney can help ensure that claims are properly filed and increase the likelihood of success.