Resolution

In many cases, the litigation phase concludes because the United States and the claimant, who is referred to as "the plaintiff," are able to reach a settlement. The terms of the settlement agreement must be memorialized in a document called a "release." This document is signed by the plaintiff and a representative of the United States. After the release is completed and signed, the United States sends a settlement payment request to the United States Department of Treasury. The Department of Treasury usually issues payment, either by check or wire transfer, within six to ten weeks from the date it receives the request.

In the event of a verdict in favor of the plaintiff, the court's order is forwarded to the Department of the Treasury for payment. However, before a request for payment is sent, the court's decision will be reviewed by the United States Attorney, the government agency involved, and the Department of Justice. Fortunately, these reviews move fairly quickly and appeals by the government from a district court decision are relatively rare.

As you can see, medical malpractice cases against federal agencies involve a lengthy and complicated process. Most importantly, no two cases ever take exactly the same path. Having an experienced team like Rawls & McNelis on your side can make all the difference.