Legal Opinion

Tsosie v. United States

Court of Appeals for the Tenth Circuit

Decided June 27, 2006No. 04-2342PublishedCited by 19 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

Nettie Ann Tsosie, an enrolled member of the Navajo Nation, died after an emergency room physician at a hospital operated by the Indian Health Service (“IHS”) failed to diagnose that she was suffering from hantavirus. Her husband, Leonard Tsosie, acting both in his personal capacity and as representative of the estate, along with Nettie Tsosie’s children, filed suit against the United States under the Federal Tort Claims Act (“FTCA”). They claimed that the treating physician was an “employee of the United States” under the FTCA who negligently failed to diagnose the…

2Cases cited9 opinions

  1. Sutton v. Utah State School for the Deaf & BlindCourt of Appeals for the Tenth Circuit · 1999
  2. Duplan v. United StatesCourt of Appeals for the Tenth Circuit · 1999
  3. Raymond Lurch v. United States of America, Defendant-Third Party v. The Regents of the University of New Mexico and Ralph Kaplan, Third PartyCourt of Appeals for the Third Circuit · 1983
  4. Dean W. Lilly v. Paul R. Fieldstone, M.D., and United States of AmericaCourt of Appeals for the Tenth Circuit · 1989
  5. U.S. West Inc. v. TristaniCourt of Appeals for the Tenth Circuit · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Barnes v. United StatesCourt of Appeals for the Tenth Circuit · 2015
  2. Hickey v. BrennanCourt of Appeals for the Tenth Circuit · 2020
  3. Kane County Utah v. SalazarCourt of Appeals for the Tenth Circuit · 2009
  4. Larry Alexander v. Avera St. Luke's HospitalCourt of Appeals for the Eighth Circuit · 2014
  5. David Henry v. Adventist Health Castle Med.Court of Appeals for the Ninth Circuit · 2020

14 more not listed; retrieve them via the Exa API.

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