Sixth Circuit Close Medical Malpractice Case

Sixth Circuit Close Medical Malpractice Case


Antoinette Lundy attempted to sue medical staff at Christ Community Health Services in Memphis, TN for medical malpractice after her son was born with brain damage due to a lack of oxygen at birth.

The facility has federally designated status meaning that the care providers were considered federal employees in the event of a malpractice lawsuit.

Ms. Lundy claims she was unaware of this at the time of filing and had been advised by her counsel to wait until she had a full picture of the extent of the child's injuries.

A three-judge panel ruled that she could not have a pause on the two-year statute of limitations on the Federal Tort Claims Act and had therefore missed her window of opportunity to raise a lawsuit. Evidence showed that it should have been clear to the plaintiff and her counsel that CCHS had federally designated status prior to her original medical malpractice suit being filed.