Anchorage Federal Tort Claims Lawyer

Experienced Veterans Affairs Malpractice Attorney Serving Anchorage

At The Law Offices of David Henderson, you can receive personal legal assistance for your case. As an Anchorage medical malpractice attorney, I have more than 20 years of experience in the medical malpractice field.

If you are filing a federal tort claim, I can discuss your options, help you file the paperwork, and tirelessly represent you in court as you seek a favorable settlement. I work hard to handle the legal issues of your case so you can focus on getting well.

Understanding the National Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) essentially allows U.S. citizens to file lawsuits against the government. While federal employees may not be held personally liable for certain actions, the U.S. government can be sued instead.

Tort actions include any intentional wrongdoing, negligence, or carelessness that results in injury to a person. It involves the failure to uphold a legal duty of care, such as the duty of care imposed on medical professionals.

Types of Federal Tort Claims

Unless prohibited by certain regulations under the FTCA, a citizen may file a federal tort claim against the U.S. government for negligence or careless actions. However, the plaintiff must take administrative actions before filing a lawsuit. This involves filing an administrative claim with the proper agency in the government within the statute of limitations, and filing an FTCA tort claim form, Standard Form 95. If you are pursuing a federal tort claim against a government agency, I can help you complete all necessary legal tasks throughout the process.

Common types of federal tort claims involving medical malpractice include:

1. Army hospital medical malpractice
2. Air Force hospital medical malpractice
3. Medical malpractice at a federally funded clinic
4. Veterans Affairs (VA) hospital medical malpractice
5. Alaska Native Hospital Malpractice

Service members and their families rely on medical treatment and care from military hospitals. If these government medical centers fail to provide safe and effective treatments, or improperly diagnose an injury or illness, I can help you file a claim.

However, you must file a Form 95 with the appropriate federal agency first to try and reach a settlement through administrative means. The Form 95 must include a statement of the nature of your claim, as well as a “sum certain” statement outlining the amount of settlement your case requires.

The statute of limitations for filing a federal tort claim against a government agency is 2 years. This means you have 2 years from the date of your injury to file a Form 95 claim. If a settlement cannot be made after filing a Form 95 with the proper agency, you may then file a lawsuit. However, you must wait a minimum of 6 months from the date you filed the Form 95 to proceed with the claim.

Passionate Legal Assistance

Healthcare providers, even those working for the federal government, have a responsibility to provide accurate and safe medical care to patients. If they breach this duty of care, and an injury results, you have the right to pursue compensation.

As an Anchorage medical malpractice lawyer with decades of experience, I can work hard to maximize the amount of compensation you may be entitled to. Filing a federal tort claim can be complicated. However, I know how to file the correct paperwork and can build your case and uphold your right to a settlement.