Harold "D" Ayers v. United States

JOHNSON, Circuit Judge:

The United States appeals from an adverse judgment finding the Government liable under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, for injuries Harold “D” Ayers suffered while he was being treated at the Dallas Veterans Administration Hospital in July of 1976. The Government argues that the evidence adduced at trial failed to establish the standard of care that applies to a licensed physician who is a four month resident in anesthesiology. The Government also argues that expert testimony failed to establish a breach of duty on the part of the resident.…