Creel v. United States

OWEN, Circuit Judge:

Thomas L. Creel brought a medical malpractice action against Dr. Lloyd F. Mercer and the United States arising from Creel’s treatment at the G.V. Montgomery Veterans Affairs Medical Center (VAMC) in Jackson, Mississippi. The district court dismissed Creel’s claims against Mercer, concluding that Mercer was an employee of the federal government at the time of the alleged negligence and, consequently, entitled to immunity under the Federal Tort Claims Act (FTCA). 1 Because we conclude that Mercer was an independent contractor, we reverse and remand.

I

Creel consulted with…