9 results for 'cat:"Veterans" AND cat:"Medical Malpractice"'.
J. Gordon grants the Department of Veterans Affairs' motion for summary judgment as to the patient's medical malpractice claim. The patient alleges the VA's medical provider negligently performed non-emergency invasive sinus surgery without his informed consent. The VA's liability under the Federal Tort Claims Act is determined by state law. The surgery was performed in Alabama, and malpractice claims based on alleged surgical negligence are barred by Alabama’s four-year statute of repose. The VA’s motion did not address allegations its provider also negligently failed to diagnose the patient's post-procedure nerve damage and, therefore, that claim remains pending.
Court: USDC Nevada, Judge: Gordon , Filed On: March 1, 2024, Case #: 2:22cv1823, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, veterans, medical Malpractice
J. Fitzwater denies, in part, the government's motion for summary judgment on a veteran's pro se medical malpractice action arising from treatment for his heart condition. There are questions of fact regarding his timely claims for delay in care of pulmonary vein stenosis and failure to diagnose, inform and treat pulmonary fibrosis.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 5, 2023, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: veterans, medical Malpractice
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