When a doctor employed by the federal government commits medical malpractice in Florida, your case is not handled like a typical personal injury lawsuit. Instead, you must follow the rules of the Federal Tort Claims Act (FTCA)—a law that governs claims against the United States for the wrongful acts of its employees. Missing a step or deadline can end your case before it even begins. Here’s what you need to know.
When the FTCA Applies to Medical Malpractice in Florida
The FTCA generally applies when a health care provider is a federal employee and was acting within the scope of their employment at the time of the alleged malpractice. In Florida, this may include doctors, nurses, or other medical professionals working at:
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VA hospitals and clinics (Department of Veterans Affairs)
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Military medical facilities (Air Force, Navy, or Army hospitals)
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Federally Qualified Health Centers (FQHCs) and certain community health clinics receiving federal funding
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Public Health Service facilities
It is critical to determine the provider’s employment status, because if they are an independent contractor, the FTCA may not apply and a separate legal route may be necessary.
FTCA Pre-Suit Requirements
Unlike a traditional Florida medical malpractice lawsuit, the FTCA has its own administrative claim process:
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File an Administrative Claim (Form SF-95):
You must submit a Standard Form 95 to the appropriate federal agency (such as the VA or HHS) before filing a lawsuit. -
Include a “Sum Certain” Damages Amount:
The claim must state a specific dollar amount for damages—failure to do so can result in dismissal. -
Two-Year Deadline:
You have two years from the date you knew or should have known of the malpractice to file the administrative claim. -
Agency Response:
The agency has six months to approve, deny, or settle your claim. Only after a denial (or no decision within six months) can you proceed to federal court.
Key Differences from Florida State Malpractice Cases
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No Jury Trial: FTCA cases are tried before a federal judge, not a jury.
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No Punitive Damages: You cannot recover punitive damages against the United States.
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Attorney’s Fees Are Capped: The FTCA limits attorneys’ fees to 20% for administrative settlements and 25% if the case goes to court.
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Venue: The case must be filed in the U.S. District Court where the malpractice occurred or where the plaintiff resides.
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Expert Witness Requirements: Even though the FTCA is federal law, Florida’s medical malpractice pre-suit screening and expert affidavit requirements may still apply.
Proving an FTCA Medical Malpractice Claim in Florida
To succeed, you must prove the same basic elements as in a Florida medical malpractice case:
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Duty of Care: The doctor owed you a duty consistent with the accepted standard of medical care in Florida.
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Breach of Duty: The doctor deviated from the accepted standard of care.
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Causation: The breach directly caused your injury.
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Damages: You suffered harm as a result.
Because FTCA cases are decided by judges, expert testimony and detailed medical records are often critical to proving negligence.
Why You Need an Attorney Experienced in FTCA Claims
FTCA malpractice cases are complex because they combine federal procedural rules with Florida medical malpractice laws. A single missed deadline, an incorrectly completed SF-95, or a failure to comply with Florida’s pre-suit requirements can end your case. An experienced attorney can:
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Determine whether your claim qualifies under the FTCA
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Handle the administrative claim filing process
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Preserve evidence and obtain necessary expert opinions
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Navigate the intersection of federal and Florida law
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Represent you in U.S. District Court if needed
Bottom Line
If you believe you were injured by a federally employed doctor in Florida, you must act quickly. The FTCA process is unforgiving, and missing even one requirement can cost you your right to compensation. Consulting a Florida medical malpractice attorney with FTCA experience is the best way to protect your claim.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
