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dc.contributor.authorDontigney, Shawn P.en_US
dc.date.accessioned2013-02-18T15:49:16Z
dc.date.available2013-02-18T15:49:16Z
dc.date.issued2003en_US
dc.identifier.citation36 Creighton L. Rev. 213 (2002-2003)en_US
dc.identifier.urihttp://hdl.handle.net/10504/40449
dc.description.abstractINTRODUCTION|The federal government will waive its immunity from suit and allow parties injured by negligent actions of government employees to sue the United States in particular circumstances. Congress expressed the requirements for this waiver in the Federal Tort Claims Act ("FTCA"). In order to bring an FTCA suit, a claimant must meet certain prerequisites. One prerequisite includes filing an administrative claim with the appropriate federal agency within a two-year statute of limitations, which begins to run upon the claim's accrual. While a claim typically accrues at the time the injury occurs, medical malpractice claims accrue when the claimant knows of an injury and its cause. In certain cases, a claimant's receipt of continuous medical treatment can save a claim that the statute of limitations would otherwise bar as untimely. This "continuous treatment" doctrine can toll the running of the statute of limitations on the claim, postpone the accrual of the claim, or both. Federal courts are split on determining the adequacy of a particular administrative claim and the circumstances under which continuing treatment will make an otherwise barred claim timely. In McCoy v. United States, Steven McCoy ("McCoy") brought a claim for personal injury against the United States as a result of medical treatment he received while incarcerated in federal prison...en_US
dc.publisherCreighton University School of Lawen_US
dc.titleMcCoy v. United States: The Eighth Circuit Imposes Excessive Requirements in Administrative Claims and Fails to Apply the Continuous Treatment Doctrine to Properly Postpone a Claim's Accrualen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume36en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton Law Reviewen_US
dc.description.note2002-2003en_US
dc.description.pages213en_US


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