Fitch v. Valor Healthcare, 2025 U.S. Dist. LEXIS 37683, (West. Dist. Ct., of Pa. March 3, 2025) (Horan, J.)
Independent contract doctors are not subject in Federal Tort Claims Act. For that reason, this case against independent contractors was dismissed with leave to amend in the event the Plaintiff could show the appropriate relationship which would be an employment relationship between the VA clinic and the medical or nursing staff who’s conduct is complained of.
The government also said that corporate claims cannot be brought against the United States under Federal Torte Claims Act. The Court does not have evident at this stage to determine whether Mister Fitch can plausibly allege a direct negligence claim against the united through the clinic or the nursing staff. Therefore, Mister Fitch was granted leave to amend to the extent that he could he support that employment relationship with facts.
The Court had gone through an analysis of the day-to-day operations of the allegedly negligent actors. The Court said the doctors in question squarely fall within an independent contractor exception under the Federal Tort Claims Act.
