Borgren v. United States

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This case was tried to the court on April 11 and 12, 1989. Plaintiff brought this medical malpractice action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 through 2680. Her claim is based on the “loss of chance of survival” theory adopted by the Kansas Supreme Court in Roberson v. Counselman, 235 Kan 1006, 686 P.2d 149 (1984). After reviewing the evidence heard at trial and the submissions of the parties, the court is prepared to rule. Pursuant to Rules 52 and 58 of the Federal Rules of Civil Procedure, the court makes the following findings…