Her family has filed a wrongful death lawsuit against the clinic, but as part of a community-run program, the defendant is actually the government. That means that the claim is filed under the Federal Tort Claims Act…themosesfirm.com, Can I Sue A Community Health Center For Medical Malpractice? Feb 2023
Unlike sovereign immunity in most states, the federal government does not cap damages on tort claims. That means that plaintiffs can sue and recover any amount of money, but the process of filing a lawsuit can be more difficult. Further, the doctors and medical personnel that operate these facilities aren’t sued directly under the law. That means regardless of how egregious their negligence was, they don’t have to pay a dime, and they don’t even have to carry medical malpractice insurance. As a result, community health centers cost American taxpayers nearly half a billion dollars over the four-year period of 2018 to 2021.