United States Fifth Circuit

In an action against the U.S. for alleged breaches in the standard of care by veterans hospitals who operated on plaintiff, dismissal of the action is affirmed where: 1) the physician who operated on plaintiff was an independent contractor and thus the Federal Tort Claims Act did not apply to him; and 2) there was no indication that the government engaged in willful misconduct by failing to bring the physician's independent contractor status to plaintiff's attention sooner.

Appellate Information

• Decided 02/17/2010
• Published 02/18/2010

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, GARZA and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel