Ask a Lawyer - Archive

Is it impossible to sue a government run hospital

That's a wonderful question. Generally, government hospitals enjoy special protections from lawsuits but are not immune from legal actions. The Federal Government operates hospitals under the Veterans Administration. These hospitals and their physicians are able to be sued under the Federal Tort Claims Act.

City and State Hospitals also enjoy protection typically in the form of a shortened statute of limitations. These time periods vary state by state so be sure to check the appropriate time period in your locale. Additionally some city and state hospitals require the filing of a formal notice of claim. This is generally a prerequisite to filing a lawsuit and often must be filed in the first few months following the malpractice. For example, in New York City Hospitals you must file a Notice of Claim within 90 days and bring your lawsuit within 1 year and 90 days. Failure to file the appropriate documents in the time provided will prevent you from ever seeking compensation.