Rush & Gransee, L.C.
CALL FOR FREE CONSULTATION 210-807-8165 / 866-321-1399

Act swiftly in building strong medical malpractice case

Quality medical care is something we all value, both for ourselves and for our loved ones. When substandard medical care results in serious injury to a patient, one of the means of compensation we have at our disposal is medical malpractice litigation. When it comes to the medical care provided by doctors in VA hospitals, though, suing for medical malpractice isn't as easy due to certain legal protections, though it can be done.

The federal government can be held accountable under the Federal Tort Claims Act for government doctors and other medical professionals whose acts of negligence result in the harm of a patient. One of the key things to keep in mind about these cases, though, is that there are time limitations as to when these claims can be brought. 

Under the Federal Tort Claims Act, a claim for medical malpractice must be brought either within two years of the cause of action or within six months after the date the government mails notice of final denial of a claim. Those who miss the date are unable to file a claim, and courts generally enforce the statute of limitation strictly.

That being said, a recent United State Supreme Court decision ruled that plaintiffs may be able to sue the government under the Federal Tort Claims Act after the statute of limitation has tolled if they did everything they could to comply with the deadline but simply did not have important information about their case prior to the deadline. In other words, federal judges have authority to extend the deadlines for filing these claims in certain circumstances.

This doesn't mean, of course, that medical malpractice patients can successfully bring a claim if they fail to act in time. The best policy for those who have been harmed by a VA or other government medical professional is to have one's case evaluated and begin building a case as soon as possible after the injury occurs. Doing so ensures that one is prepared to file a claim as soon as is feasible and avoid missing the deadline.

Source: mysanantonio.com, "High court makes it easier to sue government for negligence," Mark Sherman, April 22, 2015.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Assist You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

SAN ANTONIO OFFICE

Rush & Gransee, L.C.
310 South Saint Mary's Street,
Suite 2800

San Antonio, TX 78205

San Antonio Law Office Map
McAllen Office

Rush & Gransee, L.C.
813 N. Main Street,
Suite 416

McAllen, TX 75801

McAllen Law Office Map

Kenedy Office
2880 CR 155
Kenedy, TX 78119

Map & Directions