Federal Tort Claims Act and Medical Malpractice

Medical Malpractice claims are complex to say the least.  There are times these claims have to be brought in federal court.  If a health care provider committed medical malpractice at a domestic military base or a Veteran's Affairs (VA) hospital, the Federal Tort Claims Act (FTCA) most likely applies.  The same may also apply if healthcare is provided on an Indian reservation or under Indian Health Services.  There are all sorts of administrative requirements prior to filing suit and there is no right to a jury trial.  Where it gets more complicated at that certain state law requirements may still be required (i.e. pre-suit notice, etc.) as there are considered substantive rights where the federal court still has to apply state law.   Be mindful and don't get blindsided.