Legal Opinion
Aleck Alexander, Cross-Appellee v. United States of America, Cross-Appellant
Court of Appeals for the Eighth Circuit
Decided July 22, 1974No. 73-1816, 73-1850PublishedCited by 29 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
The central, issue to be determined on this appeal is whether the statutory disability compensation plan 1 for commissioned officers of the Public Health Service is an exclusive remedy which precludes an action for medical malpractice under the Federal Tort Claims Act. 2 The trial court held that the statutory benefits were not such an exclusive remedy and awarded damages to plaintiff Alexander. We disagree and reverse that determination.
Plaintiff Alexander, 3 a commissioned officer of the Public Health Service (PHS), underwent elective surgery at a military hospital…
2Cases cited20 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. MunizSupreme Court of the United States · 1963
- United States v. BrownSupreme Court of the United States · 1954
- Brooks v. United StatesSupreme Court of the United States · 1949
- United States v. DemkoSupreme Court of the United States · 1966
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Jon Edward Hass, for the Sole Use and Benefit of the United States of America, and Jon Edward Hass, Individually v. United States of AmericaCourt of Appeals for the Fourth Circuit · 1975
- Donna J. Woodside, Administratrix of the Estate of Henry William Schroeder v. United StatesCourt of Appeals for the Sixth Circuit · 1979
- Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1984
- Edwin Miller and Donna Miller, Executors for Douglas Miller, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1981
- Dr. Bhartur N. Premachandra v. United StatesCourt of Appeals for the Eighth Circuit · 1984
24 more not listed; retrieve them via the Exa API.