Visitor Question

Needed mastectomy due to untimely treatment for breast cancer…

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Vicki,

You have a right under 28 U.S. Code, Section 2675 (a) to pursue an appeal of your denied tort claim. Under section (a)…

“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.

Read more about US Courts Federal Tort Claims here.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 23, 2016

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