Any medical malpractice claim against the U.S. government must be filed under the Federal Tort Claims Act. Any filing made must also be done with extreme care and handled by an experienced attorney familiar with working in federal court, as once the legal papers have been submitted, there are typically serious legal consequences, and the paperwork and pleadings can only be changed under very limited conditions.
After filing a claim of this nature, the U.S. government has six months to investigate. If the six months pass and the government has not offered an acceptable settlement, the plaintiff may file a complaint in federal court.
To prosecute a medical malpractice claim, plaintiffs have to prove on a preponderance of evidence that the negligence of the medical professional caused their injury. In other words, the entire burden of proving the negligence rests with the plaintiff, who must offer further testimony from qualified experts to support their case.
Cases like this require a great deal of intense preparation in order to present a solid case in federal court. Only an experienced veteran’s benefits attorney can handle a case like this.