Patient may sue gov’t for battery from surgery mishap 
Published: March 4, 2013
Tags: battery, Federal Tort Claims Act, Gonzalez Act, medical malpractice, sovereign immunity, U.S. Supreme Court
A plaintiff may bring a lawsuit against the United States alleging medical battery by a Navy doctor acting within the scope of his employment, the U.S. Supreme Court has ruled.
Justices tackle puzzling law in medical battery case
By:
Kimberly Atkins
Published: January 15, 2013
Tags: Federal Tort Claims Act, Gonzalez Act, intentional tort, medical malpractice, sovereign immunity, U.S. Supreme Court
WASHINGTON – Attempts to sort out the meaning of a confusing and oddly worded statute to determine whether a Navy surgeon is immune from liability for allegedly performing eye surgery without obtaining consent left the justices of the U.S. Supreme Court bleary-eyed.
Justices to decide if Navy doctor can be sued for battery
Published: September 25, 2012
Tags: Federal Tort Claims Act, Gonzalez Act, informed consent, medical malpractice, sovereign immunity, Supreme Court, U.S. Supreme Court
The U.S. Supreme Court will decide whether the federal Gonzalez Act waives governmental immunity for battery claims against a Navy doctor who allegedly performed cataract surgery without the patient’s informed consent.
Navy surgeon’s patient can’t sue U.S. for battery
Published: November 30, 2011
Tags: Federal Tort Claims Act, Gonzalez Act, informed consent, medical malpractice, sovereign immunity
An eye patient could not sue the federal government for battery after suffering complications from cataract surgery performed by a Navy surgeon, the 9th Circuit has ruled in affirming a dismissal.
