Watkins v. United States

At the emergency room of Ingalls Memorial Hospital, Ford was treated by Dr. Parks‐Ballard, a Family Christian Health Center employee. A 2015 federal complaint alleged that Parks-Ballard failed to properly diagnose and treat Ford, who was eventually diagnosed with Wernicke’s encephalopathy and who sustained neurological injuries including permanent disability. Because Family operated with money from the Public Health Services, a government agency, the 2015 suit was filed under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2675(a) and the United States was the defendant. In determining that the claim accrued as of August 2010, the district court took judicial notice of a state court medical malpractice claim filed in August 2010 by Ford against Ingalls, Parks‐Ballard, and Family, including virtually the same allegations as the FTCA complaint. Ford voluntarily dismissed that complaint. The Seventh Circuit affirmed dismissal, based on the two-year statute of limitations. Regardless of Ford’s alleged mental disabilities, the 2010 complaint reflected an awareness that Ford’s injuries were caused by the defendant (through its agents). Ford’s claim was not presented to an administrative agency until 2015. View "Watkins v. United States" on Justia Law