I HS Medical Malpractice (FTCA)

Suing Indian Health Service for Medical Malpractice: The FTCA Process

When care at an Indian Health Service (IHS) hospital or clinic causes serious harm, the claim does not work like an ordinary New Mexico malpractice case. IHS is a federal agency, so these claims run through the Federal Tort Claims Act (FTCA), with its own forms, deadlines, and rules. Miss a step and a strong case can be lost on a technicality. Keeler & Keeler handles these claims for families across the Gallup area. This page is general information, not legal advice. Free consultation, and no fee unless we win.

The FTCA process, step by step

1. File an administrative claim first. Before any lawsuit, you must submit a written claim to the agency, usually on Standard Form 95 (SF-95), stating what happened and a specific dollar amount of damages.
2. The agency has six months to respond. It can approve, deny, or say nothing.
3. Then you can sue in federal court. If the claim is denied, you generally have six months from the denial to file suit; if the agency does not respond, you may proceed after six months.

The deadline that ends these cases: two years

You generally must file the SF-95 administrative claim within two years of when the claim accrued. This federal deadline is separate from and often shorter in practice than New Mexico’s malpractice rules, and it is unforgiving. If you suspect malpractice at a federal facility, do not wait.

Tribal 638 clinics are usually covered too

Many clinics are run by tribes under self-determination (Public Law 93-638) contracts. Their employees are often treated as federal employees for malpractice purposes, so those claims typically follow the same FTCA process. Figuring out whether a provider is covered is one of the first things we check.

What is different about a federal malpractice case

• You sue the United States, not the individual doctor.
• The case is decided by a federal judge, not a jury.
• Punitive damages are not available under the FTCA.
• New Mexico’s Medical Malpractice Act does not govern; federal procedure does, though state substantive standards of care can still matter.

What makes a strong claim

Honestly, not every bad outcome is malpractice. The strongest FTCA claims involve a clear deviation from the accepted standard of care that caused real, documented harm: a missed or delayed diagnosis, a surgical error, a medication mistake, or a birth injury. We review the records, consult qualified experts, and tell you straight whether you have a case worth pursuing.

Facilities we handle claims against

We handle FTCA claims involving IHS and tribal facilities serving the Gallup area and the Navajo Nation, including the Gallup Indian Medical Center and clinics throughout the region. If you were harmed at a federal or tribal medical facility, the sooner we review it, the more of your options we can protect.

Talk to a lawyer about an IHS malpractice claim

Free, confidential case review. No fee unless we win; clients may remain responsible for case costs and expenses. Call (505) 722-5608 before the two-year deadline runs.