Henry Winston v. United States

HINCKS, Circuit Judge.

Appellant Henry Winston, since 1956 a prisoner in the United States Penitentiary at Terre Haute, Indiana, brought this action against the United States under the Tort Claims Act, 28 U.S.C. §§ 1346, 2674 (1958). Winston’s complaint *255alleged that in April of 1959 he had contracted a brain tumor. Disturbed by his “dizziness, instability, and difficulty with his vision,” his then attorney procured an examination by prison medical officers. Negligently failing to use reasonable care and skill in examination, says Winston, the medical officers made a diagnosis of “borderline…