Federal Tort Claims Act Malpractice Insurance and Liability Limitations

The Federal Tort Claims Act (FTCA) provides a unique framework for malpractice insurance and liability limitations. The FTCA's malpractice insurance requirements are a key consideration for healthcare providers.

To qualify for FTCA malpractice insurance, healthcare providers must demonstrate financial responsibility. This typically involves purchasing a liability insurance policy that meets the FTCA's minimum requirements.

FTCA malpractice insurance policies must cover damages up to $250,000 per claim, with a $300,000 aggregate limit. These limits are adjusted annually for inflation.

Healthcare providers who fail to meet the FTCA's malpractice insurance requirements risk losing their FTCA protection, leaving them personally liable for malpractice claims.

To bring a lawsuit against the federal government, you need to establish an employer-employee relationship with the negligent party. This means that an independent contractor hired by the government won't be covered under the Federal Tort Claims Act.

The Act has specific limits to recovery, excluding common law claims like assault, battery, and false imprisonment. These claims are typically handled differently and can't be filed under the Federal Tort Claims Act.

If you're injured in one of these situations, you won't be able to file suit against the government. The Act also excludes certain classes of plaintiffs, including active-duty servicemembers and their families injured incident to service, as well as federal employees injured while performing their duties.

The following classes of plaintiffs are excluded from filing a lawsuit under the Federal Tort Claims Act:

The Federal Tort Claims Act has strict requirements to bring a lawsuit against the federal government, and one of them is that the negligent party must be a federal employee.

To qualify as a federal employee, there must be an employer-employee relationship, which doesn't exist with independent contractors hired by the government.

If you're injured while working as an independent contractor, you won't be able to file a lawsuit under the Federal Tort Claims Act.

The Act also excludes certain common law claims, such as assault, battery, false imprisonment, and libel/slander.

Here are some specific claims that are excluded:

Additionally, active-duty servicemembers and their families injured incident to service, as well as federal employees injured while performing their duties, are excluded from filing a lawsuit under the Act.

The Mississippi Tort Claims Act (MTCA) is a crucial aspect of liability for employees of the University of Mississippi Medical Center (UMMC). The MTCA defines and limits the State's liability for injuries caused by an act or omission of the State or its employees.

Under the MTCA, the State's liability for injuries caused by an act or omission of the State or its employees is limited to $500,000. This means that if an employee is found liable for a tort, the damages will not exceed this amount.

The MTCA also protects State employees from personal legal liability for injuries caused by their negligence, including automobile accidents, which occur during the scope and course of their job performance. This protection extends to employees of UMMC, including clinicians.

Any act or omission of an employee within the time and at the place of employment is presumed to be within the course and scope of their employment. This means that if an employee is sued for an action taken while on the job, it will be assumed that they were acting within the scope of their employment.

The MTCA does not cover acts and omissions undertaken independent of employment with UMMC, such as moonlighting. Additionally, it does not cover conduct that constitutes fraud, malice, libel, slander, defamation, or any criminal offense.

Here are some key facts to keep in mind about the MTCA:

UMMC keeps a coverage letter on file for each credentialed clinician and is happy to provide a copy upon request. Additionally, UMMC receives an annual certificate of institutional coverage from the Mississippi Tort Claims Board, a copy of which is also available.

Employees of UMMC are provided coverage via the MTCA at no cost to the employee. This means that employees do not need to purchase their own malpractice insurance, as they are already covered under the MTCA.

Filing a claim under the Federal Tort Claims Act requires using Standard Form 95, which must be completed and specify a claim for money damages in a sum certain amount.

You'll need to state a claim for money damages in a sum certain amount claimed for injury to or loss of property, personal injury, or death.

A claimant may not receive more than the amount claimed on Form 95, so it's a good idea to make a generous estimate.

If you don't specify a sum certain in block 12d on the Form 95 or in accompanying information, your submission cannot be considered a valid claim.

The government will not pay you more than the amount you claim, so it's better to err on the side of caution and claim a bit more.

You have two years to bring an administrative claim with the federal agency responsible for the alleged misconduct.

The agency then has six months to respond, where they can admit wrongdoing and pay you or deny liability.

If the agency denies liability, you have six months to file a lawsuit.

Federally Qualified Health Centers (FQHCs) are community clinics that provide primary care services to underserved populations. They must operate under a governing board that includes health center patients.

FQHCs must also have fees on a sliding scale based on the patient's ability to pay. This ensures that everyone has access to healthcare, regardless of their financial situation.

To receive federal funding, FQHCs must meet certain criteria, including operating under a governing board and having a sliding fee scale. These criteria are established by the Health Resources and Services Administration (HRSA).

FQHCs that meet these criteria are considered "deemed facilities" and are eligible for FTCA malpractice insurance. This insurance provides coverage for medical malpractice claims against the health center.

Here are some key facts about deemed facilities:

As a result, individuals who experience medical malpractice at a deemed facility may only have the option to file a claim under the Federal Tort Claims Act (FTCA).