Turner Ex Rel. Turner v. United States

BIRCH, Circuit Judge:

In this appeal, we determine the proper standard of care in a case against the government under the Federal Tort Claims Act (“FTCA”), Title 28 U.S.C. §§ 2671-80, arising from emergency medical treatment provided at a military hospital in the state of Florida. The district court held that liability should be decided under an ordinary negligence standard of care, and not the “reckless disregard” standard codified in the Florida “Good Samaritan Act,” Fla. Stat. § 768.13 (“GSA”). We also determine whether an administrative claim on behalf of a minor child satisfies the…