In April 2008, we wrote about medical malpractice claims against federally funded health centers.1 As we noted, actions seeking recovery for malpractice by these centers and their physicians may only be brought pursuant to the Federal Tort Claims Act (FTCA), and they must be brought against the United States in federal court. The column warned of perils posed by the fact that it is not generally known or obvious to patients or the public that these clinics are federally funded. The problems arise from a pre-suit administrative filing requirement and a two-year statute of limitations, the latter of which involves an enhanced danger in cases on behalf of children because there is no infancy toll under the FTCA.
Our column focused extensively on a statute and two cases which potentially provide relief to plaintiffs in these circumstances. The statute is the “Westfall Act,” which provides that actions commenced in state court and removed to federal court are considered timely if the federal claim would have been timely under federal law on the date the state court action was commenced, and the claim is presented to the relevant federal agency within 60 days after dismissal of the original action. 28 USC §2679(d)(5).
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