United States First Circuit

Dismissal of plaintiff's action against his deceased wife's doctors for medical malpractice is affirmed, where: 1) the doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act (FTCA), as opposed to the three-year period allowed by Massachusetts law for medical malpractice claims; 2) plaintiff's lawyers both made no such investigation into the doctors' status and waited more than two years before presenting his claim; and 3) plaintiff has not established a factual basis for invoking equitable tolling.

Appellate Information

• Decided 01/14/2014
• Published 01/14/2014

Judges

• KAYATTA

Court

• United States First Circuit

Counsel