The Floating Hospital Medical Malpractice Lawyer
The Floating Hospital was founded in 1866 and it was one of the first healthcare centers in NYC that was dedicated to care for the city’s impoverished children and their families. When it was first founded, the hospital was a barge docked in New York Harbor, with services including medical treatment, a meal and bath, health education, and a day of recreation. Throughout the decades, the hospital has added other forms of relief but it has always maintained the goal of religion, ethnicity, race, immigration, gender identity, or the ability to pay. It has also moved to an on-land facility.
While the Floating Hospital provides quality care most of the time, that is not always the case. The hospital has been accused of medical malpractice and as a facility with federal Public Health Service status, these claims are particularly complex. Below, our The Floating Hospital medical malpractice lawyer explains in further detail.
Federally Qualified Health Centers
In 2002, the Floating Hospital was certified as a Federally Qualified Health Center (FQHC). Thousands of free clinics, community clinics, and hospitals receive funding from the federal government. While this does not impact the care one receives at one of these facilities, it does have a significant impact on any medical malpractice claims and how you file your case. It is not always easy to determine if a facility is an FQHC and unfortunately, many people and the attorneys that represent them discover this fact too late.
FQHCs and Sovereign Immunity
Sovereign immunity is a legal doctrine whereby a state or sovereign cannot commit legal wrongdoings and has immunity from criminal prosecution or a civil lawsuit. It is easy to assume that because the Floating Hospital is an FQHC, you cannot file a medical malpractice claim against the facility. Fortunately, that is not true.
The Federal Tort Claims Act (FTCA) is a limited waiver of sovereign immunity. Under this Act, when a government entity is injured due to negligent acts, it can be sued so victims can receive compensation for their losses. As such, if you have been hurt by a negligent, or careless, act at the Floating Hospital, you can file a claim against the facility for compensation.
Timeframe for Filing a Lawsuit Under the FTCA
As in most personal injury cases, you have a limited amount of time under the FTCA to file a claim against the Floating Hospital. This timeframe is two hours from the date the malpractice occurred. This is a shorter amount of time than state law allows. Under the law in New York, you have two years and six months to file a claim against the facility.
Our The Floating Hospital Medical Malpractice Lawyer Can Advise On These Cases
Filing a claim against a government entity is much more difficult than filing one against a private facility. At Michael Gunzburg, P.C., our the Floating Hospital medical malpractice lawyer can advise you of the laws that govern these cases so you obtain the full and fair damages you justly deserve. Call us now at 212-725-8500 or contact us online to schedule a consultation and to learn more.
