Legal Opinion
Patricia Hernandez v. United States
Court of Appeals for the D.C. Circuit
Decided September 17, 1980No. 79-1589PublishedCited by 2 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
The plaintiff in this case brought an action under the Federal Tort Claims Act, Pub.L.No. 79-601, tit. IV, § 401, 60 Stat. 812 (1946) (codified in scattered sections of 28 U.S.C.), alleging medical malpractice by a government physician. After trial, the district court found that the plaintiff had not proved malpractice and entered judgment for the government. Because the court’s finding as to the relevant standard of care failed to include an essential element-that the physician be aware of and attempt to resolve the…
2Cases cited11 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
- Bly v. RhoadsSupreme Court of Virginia · 1976
- Noll v. RahalSupreme Court of Virginia · 1979
- Lyons v. GretherSupreme Court of Virginia · 1977
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3Cited by2 opinions
- Snead v. United StatesDistrict Court, District of Columbia · 1984
- Carl Cicero v. United StatesCourt of Appeals for the Seventh Circuit · 1987