Under federal law, entities that receive federal funding to serve medically underserved populations, as well as “health practitioners that such entities employ[,] ‘shall be deemed to be [employees] of the Public Health Service. The Federal Appellate Court stated that if no extraordinary circumstances stood in the litigant’s way, but she nevertheless failed to timely file, it is likely that she did not diligently investigate and pursue her claim. In sum, for litigant to be entitled to equitable tolling, she must establish two elements: (1) that she has been pursuing her rights diligently, and (2) that some extraordinary circumstance stood in her way and prevented timely filing. The two components are distinct elements, both of which the litigant must satisfy.
Federal Appellate Court Affirms Dismissal Of Birth Injury FTCA Claim As Untimely Involving “Deemed” Federal Employee – Medical Malpractice Lawyers
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