Harvey v. United States

MATHESON, Circuit Judge.

I. INTRODUCTION

Frances Leon Harvey’s appeal stems from a Federal Tort Claims Act (“FTCA”) lawsuit that Mr. Harvey brought against the United States government for complications arising from an injury to his hand.

Mr. Harvey claims that government employees injured him by (1) misdiagnosing and delaying treatment of his hand fracture, and (2) performing negligent surgery on his hand. He argues that the district court erred in holding the misdiagnosis/delay-in-treatment claim (“misdiagnosis claim”) to be time-barred and in granting summary judgment on the negligent surgery…