Carter v. United States

MEMORANDUM AND ORDER

MILLER, District Judge.

On June 24, 1991, this court ruled that the United States, when sued under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671 et seq., for an alleged act of medical practice committed in Indiana, is entitled to the protection of the $500,000.00 limitation on medical malpractice awards that Indiana law provides to “qualified health care providers”. IND. CODE 16-9.5-2-2. Carter v. United States, 768 F.Supp. 670 (N.D.Ind.1991). The ruling was not based on the legislative intent behind Indiana’s law; indeed, Indiana law would prohibit the United…