Ftca- State Where Medmal Occurred Or Where Claimant Lives?

[Judy]

Is FTCA claim cap $$ limit based on the state limits where the malpractice occurred OR

on the state where the claimant resides when they file the FTCA claim?

Anybody know where to find a list of state caps??

Judy

[broncovet]

Judy

IMHO you are going to need to meet this issue head on. The VA cant fix their problems, so they try to fix the blame instead. Among Federal, State, and local entities, each is going to point fingers at the other so they dont have to deal with it.

It is called, "Pass the Buck" and, supposedly, the buck stops with Mr. Shinseki.

But it doesnt stop there. The Secretary can blame congress, congress blames the Supreme court,

and everyone blames the president.

Your only defense to this endless hampster wheel is KNOWLEDGE. You have to know this is coming, be ready for it, embrace it, and even use it to your advantage. You figuring this out in advance means you already have the advantage, since many people's claims wither and die on the vine with this very issue, because they realize this far to late.

I might suggest something like this:

"The State of Texas has already ruled they have jurisdition over this. While I agree, this State imposed mandate upon the Federal government is contrary to regulations. In order to prevent chaos with each state telling the Federal goverment what to do, you (the federal government) are going to take action on this. You need to tell the State of TExas that the Federally imposed limit of __________, can not supersede the Texas limit of __________."

Remember that ego's are involved here. The Federal thinks they can trump the states over everything and have tremendous power. The States thinks that they are much more qualified to know what is going on in their state, so the feds should leave them alone, or, better yet, use their state as an example on how to improve the system.

IN summary, do your homework, and remember the 5 P's: Proper Preperation Prevents Poor Performance.

Edited May 20, 2009 by broncovet

[GuaymasJim]

Judy,

You can file an FTCA action either where you live or where the event(s) happened.

It is a federal case but will be decided by state laws covering the events. State caps on DO apply.

Good luck. It is a very long drawn out process.

[Judy]

Thank you Jim,

So the state cap does apply; would that be the state of the incident or the state where the FTCA is filed (residence of the claimant)?

The difference could be huge.

Judy

[Pete53]

If I was suing and I had a choice Texas would be last choice.

[Judy]

Yes Pete, that is exactly my point! IF one can file where they live (not where the malpractice occured) then it would be beneficial to live and file in another state... Texas limits are terrible for FTCA.

So anybody know where you can find a list of state caps or do you simply have to research the attorney general website for each and every state you want to know about?

Thanks for the support and posts on this subject. it is very important to say the least. One needs to know BEFORE filing FTCA claim.

Judy