Malpractice at an Indian Health Service hospital or clinic is not an ordinary lawsuit against a doctor. It is a claim against the United States under the Federal Tort Claims Act. That means a required administrative claim within two years, a six-month agency review, and then a lawsuit in federal court in Albuquerque, with no jury. Miss the first step and there is no case.
Step by step
- Presentment. A written claim, usually on Standard Form 95, stating what happened and a specific dollar amount, is delivered to the Department of Health and Human Services. 28 U.S.C. 2401(b) gives two years from when the claim accrued. The dollar figure matters: you generally cannot ask a court for more later.
- Agency review. Under 28 U.S.C. 2675, the agency has six months to admit, deny, or offer. Silence after six months counts as a denial.
- Lawsuit. Suit is filed in the United States District Court for the District of New Mexico under 28 U.S.C. 1346(b) within six months of a denial. A federal judge, not a jury, decides the case. New Mexico substantive law governs what counts as malpractice and how damages are measured.
Which facilities are covered
| Facility | Location | Note |
|---|---|---|
| Gallup Indian Medical Center | Gallup, NM | Federal IHS hospital |
| Northern Navajo Medical Center | Shiprock, NM | Federal IHS hospital |
| Crownpoint Health Care Facility | Crownpoint, NM | Federal IHS |
| Zuni Comprehensive Community Health Center | Zuni, NM | Federal IHS |
| Chinle Comprehensive Health Care Facility | Chinle, AZ | Federal IHS |
| Tribally operated 638 facilities (for example Tséhootsooí Medical Center, Fort Defiance) | Various | Usually covered by the FTCA under the Indian Self-Determination Act; confirm early |
Care from a private contractor working inside a federal facility may fall outside the FTCA and instead be a New Mexico Medical Malpractice Act claim with its own three-year rule and review panel. Sorting out who employed the provider is one of the first tasks.
What you must prove
The same things as any malpractice case: a provider-patient relationship, a departure from the standard of care, and harm caused by that departure, established through expert testimony. In Haceesa v. United States, a Tenth Circuit case that began at an IHS facility in this region, the court addressed how responsibility is divided when a federal hospital misdiagnoses a condition and a later provider misses it again.
Common mistakes
- Waiting for the hospital's internal review before filing the SF-95. The two years run regardless.
- Filing the SF-95 without a dollar amount, or with a low one.
- Suing in state court. The case will be dismissed and the clock may have run.
- Assuming a tribal or 638 clinic is not federal for these purposes. Many are.
Where we come in
Keeler & Keeler has handled Federal Tort Claims Act cases arising from IHS and tribal facilities across the Four Corners for more than twenty years, from our office in Gallup a few blocks from Gallup Indian Medical Center. Our IHS malpractice page covers what the claim can recover. Call (505) 722-5608 for a free, confidential review; the deadline may be closer than you think.
General information about federal and New Mexico law, not legal advice. FTCA deadlines depend on when a claim accrued, which is a legal question.
