Tucker v. United States

MEMORANDUM OPINION AND ORDER

FEINBERG, United States Magistrate Judge.

This action arises out of the alleged negligence of John H. Pellegrini, D.O., in performing an hysterectomy on Plaintiff, and of defendant Raleigh General Hospital (“Raleigh General”) in granting and continuing staff privileges to Dr. Pellegrini. At the time of the surgery, Dr. Pellegrini was an agent and employee of an entity covered by the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq.

Count One of Plaintiffs Amended .Complaint is brought pursuant to the FTCA and alleges Dr. Pellegrini’s negligence. This claim…