Where Are FTCA Medical Malpractice Lawsuits Litigated?
Federal Tort Claim cases which proceed to litigation, are always conducted in Federal District Court – either the Federal District Court nearest where the injury itself took place, or where the claimant resides. For example, if a patient obtained care in Texas, but resides in New Mexico, the opportunity presents itself for the lawsuit to be brought in either jurisdiction. The choice of where to actually file suit usually based on a careful analysis of the competing risks and benefits associated with either jurisdiction. It is very important to remember that the Federal Tort Claims Act provides for all cases to be heard by the bench, that is by a Federal District Court Judge alone. There is no right – to a jury trial under the Federal Tort Claims Act. How Are FTCA Medical Malpractice Lawsuits Litigated? In order to bring the United States into court and actually sue the government through one of its federal agencies, the Federal Tort Claims Act requires that an administrative claim be f
