Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Preserving Your Clients' Right to Recovery

By Janice G. Inman
September 04, 2003

The exclusive remedy for patients injured due to medical malpractice by federal employees acting within the scope of their employment is through the Federal Tort Claims Act (FTCA). Under the FTCA, the United States allows claims to be made against it in certain circumstances. However, because the FTCA is a waiver of sovereign immunity, strict compliance with the requirements for filing is necessary in order to preserve your clients' rights to recovery. Failure to be aware of these requirements could leave a plaintiff with little or no redress for his or her injuries.

Filing the Administrative Claim

Before any lawsuit can be properly filed, claimants seeking recovery from the United States are required under the FTCA to exhaust all administrative remedies. This means that an administrative claim must be filed with the government, and failure to do so will result in dismissal of any lawsuit on jurisdictional grounds. For example, in the case of Estremera-Velex v. Hospital General Castaner Inc., Civ. No. 02-1803 (JAG), 2002 U.S. Dist LEXIS 15375 6/28/02), the plaintiff brought suit against a hospital in the Puerto Rico Court of First Instance. Because the hospital was a federally supported health center, the federal government moved to be substituted as defendant and removed the action to the U.S. District Court for the District of Puerto Rico. After removal, the federal court dismissed the case because the plaintiffs had not made an administrative claim as required by the FTCA before filing suit.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.