Legal Opinion
Davita Carter v. United States
Court of Appeals for the Seventh Circuit
Decided June 24, 2003No. 02-3355PublishedCited by 46 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Surgery at Bethesda Naval Hospital in Maryland to correct 11-year-old Davita Carter’s severe scoliosis (curvature) of the spine left her a paraplegic and precipitated this suit for medical malpractice. Her father is a Marine veteran, and his veterans’ benefits entitled his daughter to treatment at the government’s expense.- Bethesda Naval Hospital is of course a federal hospital, and so the suit is under the Federal Tort Claims Act.
The Act authorizes suit in the judicial district where the plaintiff lives or the alleged tort occurred. 28 U.S.C. § 1402(b). The plaintiff…
2Cases cited40 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Richards v. United StatesSupreme Court of the United States · 1962
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
- Best v. Taylor MacHine WorksIllinois Supreme Court · 1997
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
35 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Racher v. Westlake Nursing Home Ltd. PartnershipCourt of Appeals for the Tenth Circuit · 2017
- Simon v. United StatesIndiana Supreme Court · 2004
- Gary Gauger v. Beverly HendleCourt of Appeals for the Seventh Circuit · 2004
- James Curtis v. Percy Timberlake and Charles JeffersonCourt of Appeals for the Seventh Circuit · 2006
- Matthews v. Wisconsin Energy Corp., Inc.Court of Appeals for the Seventh Circuit · 2011
41 more not listed; retrieve them via the Exa API.