5th Circ. Upholds VA Med Malpractice Judgment For Widow

By Dani Kass (September 18, 2015, 6:04 PM EDT) -- The federal government must pay a widow more than $200,000 after a U.S. Department of Veterans Affairs doctor and nurse failed to fully inform her and her husband of risks related to a Thoratec Corp. heart device implanted in him, information she said could have saved his life, the Fifth Circuit upheld Thursday.

The government had argued that Mary Bush needed to use an expert to prove her medical malpractice claims, but the appeals court said the case falls within the Federal Tort Claims Act's common knowledge exception, so Bush is entitled to the district court's judgment of $223,535.

However, the...

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