Savings provision didn’t rescue medical malpractice claim

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 7, 2023 11:10 AM

Denise Evans had two arguments for preventing her medical malpractice claim against the United States from being tossed out as tardy under the Federal Tort Claims Act: the Westfall Act’s savings provision and equitable tolling.She started by suing Dr. Osarentin Oronsaye and his employer, Access Community Health Network, in the Daley Center Courthouse for allegedly injuring her right ureter during a hysterectomy. The discovery/accrual date for her claim was Aug. 14, 2019, and she filed the state-court complaint on July 9 …

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