What if a HUD inspector, leaving a property in your neighborhood, accidentally hits you while you are checking your mail? Or, what if the INS conducting a raid on a suspected enclave of illegal aliens in your neighborhood crushes your fence and sets your car on fire? Or, what if you are a veteran, seeking care at a DAV facility, but your doctor negligently fails to diagnose a cancerous tumor? Can you sue the government for the injuries you have sustained?
Yes, you can. Under the Federal Tort Claims Act of 1946, the US government can be held liable in a court of law "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." This means that if a government employee, performing any act that is also performed by non-government employees, is negligent and their negligence causes you injury, you can file suit against the government for compensation, in a similar fashion to holding other employers liable for the actions of their employees.
The Discretionary Exception
One exception the FTCA has built into it is that a claim cannot be "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." Thus, in the example of the INS raid above, you could not question whether the raid was necessary--that is under the discretion of the INS officials--but you could raise the possibility that the crushing of your fence and the ignition of your car was the result of negligent action on the part of the agents during the raid. In a similar fashion, the HUD inspector was negligent in his or her driving, leading to the auto accident, and your doctor was negligent in performing his or her function as a doctor.
The Stanley Exception
In 1987, the US Supreme Court decided in favor of the government in the case of United States v. Stanley. The case, brought by a serviceman who was secretly given LSD as part of an army experiment, has been seen as a major precedent in FTCA law, and has been used in many subsequent cases.
Recent Cases
With attention given to veterans injured in the Global War on Terror or the Iraq War, the deplorable conditions in many Veterans Administration (VA) hospitals has come to light. From excessive wait times to poor sanitation to medical malpractice, many veterans have recently filed cases against the government for the poor treatment they received at VA hospitals. Whether you were being treated for a traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), or non-service related conditions, you have the right to adequate care from your service hospital.
If you have been injured as a result of the negligent action of a US government employee, contact our Federal Tort Claims Act attorneys to schedule a free consultation and learn how we can help you. You pay no fees unless you get compensation.
