Francis “Skip” Townsend was a Vietnam era Veteran who served in the United States Navy. He was a family man with three grown children and was proudly married to his wife, Karen, for more than 48 years. He owned his own business as a electrician but was now retired and enjoying his grandchildren and the outdoors. His photo in his obituary shows his wearing his Shriner’s hat. His wife describes him, in the negligence death claim papers filed on May 2, 2019 in the U.S. District Court of Florida, as “her rock.” He took care of her and drove her to all her doctor’s appointments.
The four adult children and wife of William Mann, Jr., used the Federal Tort Claims Act (FTCA) to recover damages from the United States Government for medical malpractice and wrongful death for failure to diagnose lung cancer that resulted in the painful and premature death of their father.
The Federal Tort Claims Act is an important federal law. It provides a limited waiver of the government’s sovereign immunity1 allowing for lawsuits by persons injured by commonplace negligence of government employees.2 The doctrine of sovereign immunity provides that a sovereign state can be sued when its legislative branch gives permission to do so. The FTCA does that for limited negligence acts but it does not provide a remedy for those whose claims arise in intentional torts including strict liability, or from a myriad of other exceptions that the FTCA details.
Brian Tally, a former SGT in the United States Marine Corps was severely injured due to the incompetence of several doctors and ER staff, at the VA hospital in Loma Linda, Ca. His misdiagnosis led to months of neglect and malpractice, that eventually nearly cost him his life. After nearly a year long battle with the VA’s General Counsel attorneys,
A recent Pennsylvania appellate case permitted a nursing home facility to arbitrate the negligence healthcare claims against it. Alternative dispute resolution (ADR), which includes arbitration, has risen as a strong alternative to the court system. The healthcare attorneys at Whitcomb Law, P.C. understand its relationship to the healthcare sector and its importance in handling civil matters in a less adversarial process.
Do you know how to protect your medical facility from hefty Medicare penalties?A recent healthcare news article out of North Carolina highlighted hefty Medicare penalties that local hospitals may be facing. Though the article only discusses local institutions, the issues illuminated are faced by hospitals across the country as the roll-out of the Affordable Care Act continues.