US Not Immune From Medical Malpractice Suits: High Court

Law360, New York (March 4, 2013, 7:21 PM EST) -- The U.S. Supreme Court on Monday revived a military veteran’s medical malpractice suit against the federal government over unsuccessful eye surgery after finding the Federal Tort Claims Act doesn’t provide immunity.

Steven Alan Levin, who said a doctor at the U.S. Naval Hospital in Guam performed a cataract procedure despite his withdrawal of consent, can forge ahead because the Gonzalez Act to some extent lifts the FTCA’s prohibition of lawsuits against the government for “intentional torts” such as battery, the unanimous court ruled in reversing the...
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