Karen Keir and Mary Keir, Individually, and as Next Friend and Mother of Karen Keir v. United States

MILBURN, Circuit Judge.

Plaintiffs Karen and Mary Keir appeal from the judgment of the district court in favor of defendant United States of America in this medical malpractice action under the Federal Tort Claims Act (“FTCA”). For the reasons that follow, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.

I

This litigation arises out of a course of events ending in plaintiff Karen Keir’s loss of the sight of her left eye. A premature, low birth weight infant, Karen was born on March 9, 1975, suffering from hyaline membrane disease.…