federal medical malpractice claims Archives - Medical Malpractice Lawyers

Federal Appellate Court Affirms Medical Malpractice Lawsuit Filed Too Late Under Federal Tort Claims Act

October 31, 2025

On July 26, 2016, Melissa Allen suffered multiple seizures at her home. She was brought to Lowell General Hospital (“LGH”) emergency room and later admitted to the hospital. The hospital staff determined that Allen was seven months pregnant and suffering from severe hypertension. Dr. Roc[...]

Federal Appellate Court Clarifies Jurisdictional Filing Requirements For Medical Malpractice Claims Under Federal Tort Claims Act

May 24, 2024

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) held in its March 12, 2024 published opinion: “Plaintiffs brought this action against the United States pursuant to the Federal Tor Claims Act (“FTCA”), asserting negligence, wrongful death, a[...]

Federal Appellate Court Again Affirms $30M Medical Malpractice Verdict For Kidney Patient

January 13, 2022

Plaintiff Kevin Clanton filed a medical malpractice lawsuit under the Federal Tort Claims Act, alleging that a nurse practitioner employed by the U.S. Public Health Service failed to educate him about his severe hypertension or to monitor its advancement, and as a result of that negligent care his h[...]

Federal Appellate Court Rules Prisoner’s Federal Medical Malpractice Lawsuit Not Subject To State Certification Requirement

August 28, 2021

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”), in its opinion dated July 24, 2021, stated: “The district court dismissed the FTCA claim because Pledger did not secure a certification from a medical expert before filing suit, as required by We[...]

Federal Appellate Court Affirms Dismissal Of Birth Injury Medical Malpractice Lawsuit Because FTCA Applied

July 29, 2021

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its opinion filed on July 2, 2021: “In August 2017, Antoinette Lundy filed a lawsuit on behalf of her infant child, D.B., asserting medical tort claims against several defendants. Unfortu[...]

Federal Appellate Court Affirms Dismissal Of Federal Malpractice Case As Time-Barred

December 2, 2020

As a sovereign, the United States is immune from suit unless it consents to be sued. That consent must be unequivocally expressed, and the terms of such consent define the court’s subject matter jurisdiction. The Federal Tort Claims Act (“FTCA”) includes a limited waiver of sovereign i[...]

Federal Appellate Court Affirms Dismissal Of VA Medical Malpractice Action Decided Prior To Precedential Ruling

October 26, 2020

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”), in its unpublished opinion filed on August 26, 2020, affirmed the dismissal of a medical malpractice wrongful death case involving the Veteran’s Administration filed pursuant to the Federal Tort C[...]

Federal Sixth Circuit Holds Ohio’s Affidavit Of Merit Requirement Does Not Apply In Federal Medical Malpractice Case

November 11, 2019

In its opinion published on November 7, 2019, the United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) addressed whether a federal inmate who had surgery while imprisoned in a federal prison in Ohio that left him permanently disabled was required to file an af[...]

U.S. Supreme Court To Decide Medical Malpractice Case

January 14, 2013

It is very infrequent that the United States Supreme Court (“Supreme Court”) agrees to decide a medical malpractice case, and even rarer that it agrees to decide a case where the person seeking review is not represented by an attorney. But that is exactly what the Supreme Court has agree[...]

Georgia Medical Malpractice Claim For Death Of Undocumented Immigrant

April 4, 2012

The surviving wife of an “undocumented” Mexican immigrant has filed a wrongful death lawsuit against the U.S. government for the death of her husband while he was in the custody of the U.S. Immigration and Customs Enforcement (ICE). The federal lawsuit claims that the U.S. governmen[...]

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