Elizabeth Peterson, Individually and as Administratrix Prosequendum of the Estate of Frank Peterson, Deceased v. United States
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
VAN DUSEN, Senior Circuit Judge.
This is an appeal from district court orders dismissing a medical malpractice action brought under the Federal Tort Claims Act, 28 U.S.C. § 2674, on the ground that the injured party had failed to file the necessary claim with the appropriate federal agency within two years of the time that the cause of action accrued. See 28 U.S.C. § 2401(b)(8). We reverse and remand for further proceedings consistent with this opinion.
I
On March 8, 1976, Dr. William L. Rohr, a Navy doctor, “obtained a history of present illness from Frank Peterson [a…
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