A system of no-fault medical malpractice has thrived for over 50 years in the U.S. and never with a meaningful Congressional enactment or Supreme court ruling that lessened the historical expansion of the Federal Tort Claims Act (FTCA) to protect citizenry in state courts in tort malpractice actions. The FTCA allows private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.Besides employees of the Army, Navy, Air Force and Veterans Administration, the FTCA usually covers individuals working for the Postal Service, Federal Aviation Administration and those employed by the Indian Health Service. Here the suit is brought against the United States and not the individual or entity said to have caused the malpractice.
It does away with all the needs of showing who caused the injury and much money can be thus saved in the doing along with accruing to both sides many additional benefits. The U.S. Department of Health and Human Services has maintained the direct cost of medical liability insurance and the indirect cost that derives from defensive medicine raise federal health spending by an estimated $28 billion a year.
"On the 25th February the Republican Party is challenged to come forth with proposals for better health care such as tort reform as it asserts, when the President might ask Congress amend FTCA to cover all health care torts. The session will be televised to allow the American people to discern what both parties are ready to put forth to break the political impasse that has come about. President Obama has acknowledged there is a problem in the tort area that warranted him last September to authorize the federal government to spend $25,000,000 to study the problem." Dr. Gerald J. Brown, MD writes.