Articles Posted in Federal Tort Claims Act

In Virginia, residents (“doctors-in-training”) at teaching hospitals may be immune from civil liability based on the ancient doctrine of sovereign immunity. National medical research, however, increasingly supports the long-held concern that lax supervision of residents at teaching hospitals contributes to patient harm, even death. “Teaching hospitals differ from other health care institutions at the systems level, with potential implications for patient safety,” according to a study published in the Archives of Internal Medicine. “Teaching hospitals require inexperienced providers to work long shifts caring for large numbers of patients with complex illnesses.”

Researchers surveyed nearly 700 residents from about 40 clinical areas at two teaching hospitals and found that about half of the residents reported treating patients who suffered “adverse events,” or complications. When those residents were asked whether they caused the error, roughly one-fourth said yes. Most complications were considered significant, and inadequate supervision was often cited as a contributing factor, researchers said. “The multiple caregivers in these settings are sometimes sub-optimally coordinated or lack adequate supervision. This creates potential challenges for patient safety,” researchers wrote.

Two years later, another study in the Archives analyzed data from nearly 900 malpractice claims and found 240 in which residents “played an important role in harmful errors.” The mistakes arose in more than 20 clinical areas and, for most patients, the errors caused “significant” or “major” physical harm or death. Negligent supervision – either by faculty physicians or upper-level residents – accounted for over half of the cases of resident error, researchers found. The mistakes seen in the malpractice cases were the “tip of the iceberg,” they added, noting that resident errors have gone largely unstudied. Best practices receive little evaluation and accreditation standards for supervision are lacking, the researchers said. “Our data underscore the importance of appropriate supervision,” they added.

A recently released VA Inspector General report found ongoing problems at a Veterans Affairs hospital where nine patients died in surgery in six months – a mortality level more than four times the expected rate. As a result, VA Secretary Eric Shinseki pledged to send five top-ranking officials to investigate the ongoing medical errors at the government-run facility. The VA report also found other evidence of medical malpractice, including inconsistencies in the tracking of deaths, medical procedures performed by physicians without proper authorization, and inadequate record keeping of patient care.

Medical negligence committed by the government against a military dependent (active duty military personnel cannot sue the government for medical negligence at this time) can be pursued under the Federal Tort Claims Act (FTCA). Under FTCA, a dependent of an active duty military member who is injured or dies as a result of medical malpractice by military medical personnel can pursue a claim in negligence. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the Federal government and have experience in Federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility, call one of our attorneys at Pierce & Thornton for a free consultation.