Do you need to file a medical malpractice lawsuit against the Indian Health Service? If so, how and where do you file an Indian Health Service medical malpractice lawsuit? This article provides answers to frequently asked questions about Indian Healthcare System medical malpractice lawsuits.
Question: Who Can Bring A Medical Malpractice Lawsuit In The Indian Healthcare System?
Answer: Any person entitled to obtain care through the Indian Health Service is entitled to bring a medical malpractice lawsuit for negligent health care, including survivors of Indian Health Service patients.
Question: How Are Indian Health Service Medical Malpractice Lawsuits Filed?
Answer: Medical malpractice lawsuits for medical negligence involving care provided by the Indian Health Service must be brought under the Federal Tort Claims Act - which has very different requirements than traditional, state-law negligence cases.Any competent lawyer who dedicates him or herself to a careful study and preparation should be able to confidently represent a claimant under the Federal Tort Claims Act. The problem is that the vast majority of medical malpractice attorneys in the United States who are interested in bringing medical malpractice lawsuits on behalf of injured persons have not taken the time or perhaps haven't had the opportunity or training to become familiar with the Federal Tort Claims Act and its intricacies.
Question: Where Are Indian Health Service Medical Malpractice Lawsuits Filed?
Answer: Contrary to popular belief, tribal courts have no jurisdiction over allegations of negligence under the Federal Tort Claims Act. All medical malpractice lawsuits need to be brought within the fairly narrow structure that was set up by statute back in the 1930s when the Federal Tort Claims Act was enacted. The Federal District Courts of the United States are the only tribunals which are empowered to hear medical malpractice lawsuits under the Federal Tort Claims Act.