Legal Opinion

Santos Ex Rel. Beato v. United States

District Court, M.D. Pennsylvania

Decided November 30, 2007No. Civil 1:06-CV-1216PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

SYLVIA H. RAMBO, District Judge.

Plaintiff, a minor, brings the instant suit pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b)(1), alleging medical malpractice by health care providers at a federally-subsidized health care clinic who have been deemed federal employees subject to the FTCA. Plaintiff, under the mistaken belief that her health care providers were subject to state law, failed to file an administrative claim within two years as required by the FTCA. 1 Instead she filed suit in state court more than two years after the cause of action accrued, but…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. United States v. SherwoodSupreme Court of the United States · 1941
  4. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  5. United States v. KubrickSupreme Court of the United States · 1979

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3Cited by6 opinions

  1. Santos Ex Rel. Beato v. United StatesCourt of Appeals for the Third Circuit · 2009
  2. Lomando v. United StatesCourt of Appeals for the Third Circuit · 2011
  3. Rehoboth McKinley Christian Healthcare Services, Inc. v. United States of America Department of Health & Human ServicesDistrict Court, D. New Mexico · 2012
  4. Santos Ex Rel. Beato v. United StatesCourt of Appeals for the Third Circuit · 2009
  5. Santos Ex Rel. Beato v. United StatesCourt of Appeals for the Third Circuit · 2009

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