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FTCA Claim Untimely
The trial court did not err in dismissing a claim brought late under the Federal Tort Claims Act (FTCA) 28, U.S.C. ' 1346, because even though the plaintiff was not aware the defendants were federally funded so that the claim was subject to the limitations period set forth in the FTCA, she could have discovered this fact through normal diligence. Ramos v. U.S. Dept. of Health and Human Services, 2011 U.S. App. LEXIS 12168 (11th Cir. 6/14/11).
The plaintiff's father died on Dec. 31, 2004, while being cared for at Florida's Pine Hills Family Health Center. His daughter, Ms. Ramos, learned on Jan. 10, 2005, after the medical examiner issued a report on the death, that she might have a valid claim against the facility. She asked Pines Hills several times, in person and in writing, for her father's medical records. They gave her six pages of records, though they had 77 such pages.
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