A.Q.C. v. United States

This case arose when plaintiff, by her mother and natural guardian, brought a medical malpractice action under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346, 2401, 2671-2680, claiming that the injury plaintiff sustained at birth might have been caused by her doctor. At issue was whether plaintiff's claim was "forever barred" by the FTCA's two-year statute of limitations period. The court held that, because plaintiff failed to comply with the two-year limitations period set out in section 2401(b) and because equitable tolling, even if available, was unwarranted, the judgment of the district court dismissing the complaint as untimely was affirmed. View "A.Q.C. v. United States" on Justia Law