Needed mastectomy due to untimely treatment for breast cancer...
by Vicki (Ohio)
While incarcerated in a federal prison camp I was diagnosed with a fast growing type of breast cancer. I was treated by a community doctor who stated in my medical records that because it took so long to start treatment I would have to have a mastectomy.
I filed a tort claim and was denied. I would still like to pursue this. As the doctor stated, if I had gotten proper treatment earlier I wouldn't have had to get the mastectomy. Do I have any legal recourse? Any information and perspective would be appreciated. Thank you.
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ANSWER for "Needed mastectomy due to untimely treatment for breast cancer...":
"An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail."
To succeed in an appeal of your denied tort claim you must be able to show the following:
- You were injured by a federal government employee;
- The employee was acting within the scope of his (or her) official duties;
- The employee was acting negligently or wrongfully; and
- The negligent or wrongful act proximately caused the injury or damage of which you are complaining.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.