Carter v. US (Veterans Administration)

MEMORANDUM AND ORDER

Miller, District Judge.

This case presents an issue not addressed by any previously reported case: whether the United States, when sued under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671 et seq., for an act of alleged medical malpractice, is entitled to the protection of the $500,000.00 limitation on medical malpractice awards that Indiana law provides to “qualified health care providers”, notwithstanding that the United States is not a “qualified health care provider” under Indiana law. For the reasons that follow, the court concludes that the United States is…