Legal Opinion
Rudolfo Ramirez v. United States
Court of Appeals for the Ninth Circuit
Decided December 2, 1977No. 76-2342PublishedCited by 48 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
The issue in this case is whether a government physician’s failure to warn of risks attendant to surgery constitutes a misrepresentation within the meaning of the Federal Tort Claims Act (the Act), so that the patient is barred from bringing suit against the United States. We consider this case en banc to reexamine our earlier decisions bearing on the question.
In July 1973, Ramirez underwent a surgical procedure called a stapedectomy, performed to alleviate a hearing problem. The procedure involves placement of a stapes prosthesis in the patient’s ear. Some time after…
2Cases cited14 opinions
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- United States v. MunizSupreme Court of the United States · 1963
- United States v. NeustadtSupreme Court of the United States · 1961
- Cobbs v. GrantCalifornia Supreme Court · 1972
- Victor M. Hungerford, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1962
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Richard Augustine v. United StatesCourt of Appeals for the Ninth Circuit · 1983
- Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Loretta Murrey, as Administratrix of the Estate of Thomas D. Murrey v. United StatesCourt of Appeals for the Seventh Circuit · 1996
- James v. United StatesDistrict Court, N.D. California · 1980
- Phillips v. United StatesDistrict Court, D. South Carolina · 1981
43 more not listed; retrieve them via the Exa API.