Hinton v. United States

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

This matter is before the Court on defendant’s motion to dismiss or, alternatively, for summary judgment and plaintiffs opposition thereto. For the reasons discussed below, the Court will deny defendant’s motion to dismiss, and will grant in part and deny in part defendant’s summary judgment motion.

I. BACKGROUND

Plaintiff brings this action under the Federal Tort Claims Act (“FTCA”), see 28 U.S.C. §§ 2671-80, against the United States of America, and his claims arise from medical treatment rendered by two ophthalmologists employed by…