South Carolina Military Medical Malpractice Lawyers Representing Families in Federal Court

The Act limits claims against the United States to those arising from negligence by a government employee in the performance of his or her duties. When personal injury or death occurs, the claim must be for a “sum certain” of damages. That is a specific amount, supported by evidence such as written reports by attending physicians showing the nature and extent of the injury, the nature and extent of treatment, the degree of permanent disability if any, the prognosis, etc. It must include itemized bills for medical, hospital, or burial expenses actually incurred. The “sum certain” becomes the upper limit of what the government will pay, so it must be carefully computed.

The Act also provides that the United States is liable for money damages “in the same manner and to the same extent as a private individual under like circumstances.” Therefore a South Carolina claimant can claim all the same economic and non-economic damages that would be allowed under South Carolina law. The only difference is that the Act limits compensation to a one-time lump sum payment. Annuities and other types of “future payments” are not allowed.

An experienced South Carolina medical malpractice lawyer can be relied upon to handle these aspects of the claim to your best advantage. This is particularly important since once a settlement has been reached the entire matter is considered settled, and no further claims may be filed individually against the person(s) whose negligence caused the injury.

FTCA limits attorneys’ fees in tort claims against the government in order to ensure that an affordable means of legal redress is available to them. The Act specifies that attorneys be paid no more than 25 percent of any award to their client.