According to the Louisiana Record, a couple is claiming the complaint they filed against the United States of America, Department of Veterans Affairs, and Overton Brooks VA Medical Center has been denied. The couple alleges the named parties failed to comply with the Federal Tort Claims Act, which was adopted in 1946 and authorizes private parties and individuals to sue the country in a federal court.
In their complaint, the plaintiffs allege they filed and served notice of their malpractice claim in a timely manner. In their malpractice claim, the couple was seeking compensation for damages they allegedly incurred as a result of receiving negligent care at the Overton Brooks VA Medical Center.
The wife claimed that on multiple occasions, the staff breached the standard of care when treating her chronic lymphocytic leukemia. According to the couple, the Department of Veterans Affairs denied their claim in November of last year. The plaintiffs are seeking judgments against the defendants for all reasonable damages and legal fees.
If you or your loved one received substandard care at a private or government facility, contact The Bowling Law Firm. David A. Bowling has more than three decades of trial experience, and he can evaluate your case to determine if you have grounds for a claim. Call 877-757-3539 to schedule a consultation with a medical malpractice attorney in New Orleans.
What Is the Federal Tort Claims Act?
Pursuant to the Federal Tort Claims Act, the federal government recognizes liability for the wrongful acts, negligent behaviors, or blatant omissions of its employees acting within the official scope of their federal duties. The United States is essentially liable to the same extent that an individual or private organization would be in similar circumstances.
When such lawsuits arise against government entities or employees, the United States acts as the defendant and as a result bears the subsequent liability. In order to file a valid claim against a government facility or employee pursuant to the Federal Tort Claims Act, you must be able to demonstrate that:
The property damage or personal injuries you sustained occurred as the direct result of a government employee’s actions;
The government employee was acting within the scope of his or her official duties when the damages occurred;
The employee was acting wrongfully or negligently when the damages occurred; and
These wrongful or negligent acts were directly responsible for the injuries or damages you sustained.
If your claim satisfies all of the above conditions, you must provide documentation stating as much when filing your suit. A medical malpractice attorney can help you prepare this documentation and file it with the appropriate parties in a timely fashion.
There is no excuse for substandard care at any kind of healthcare facility. If you were mistreated in a government-run hospital, attorney David A. Bowling of The Bowling Law Firm will help you pursue justice and the compensation you deserve.