9th Circ. Affirms IHS' Win In Navajo Man's Amputation Suit

Law360 (December 2, 2019, 7:09 PM EST) -- The Ninth Circuit has affirmed the dismissal of a suit accusing an Indian Health Service physician's assistant of negligently treating a Navajo Nation citizen, causing a partial foot amputation, saying the patient’s medical experts were not qualified.

A three-judge Ninth Circuit panel on Nov. 27 unanimously upheld a summary judgment ruling in favor of the federal government in a Federal Tort Claims Act Suit accusing a physician’s assistant at the Chinle Comprehensive HealthCare Facility in Arizona of negligently removing Steve Trujillo Jr.’s entire toenail. The toe later became infected and required amputation of half of the patient’s right foot. The hospital...

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