Mark E. Novotny and Olivia R. McDowell Successfully Argue Physician Qualified for Federal Tort Claims Act Immunity

LDM Of Counsel Mark E. Novotny and Attorney Olivia R. McDowell recently obtained a summary judgment dismissal of their physician client in a medical malpractice case in the United States District Court for the District of Nebraska. The physician, an independent contractor at a Federally Qualified Health Center, was sued for alleged medical malpractice by a patient of the Health Center. Pursuant to the physician’s contract with the Health Center, the statutory protections of the Federal Tort Claims Act extended to the physician under the Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233. Following unsupported denials of the statutory coverage in attempts by the physician to obtain immunity, the District Court, in a 48-page order, determined as a matter of law that the physician was entitled to 42 U.S.C. § 233 immunity. The District Court further found that the Plaintiff had not complied with the provisions of the Federal Tort Claims Act and dismissed Plaintiff’s claims against the physician such that the lawsuit could not be re-filed against the physician again.