· 9/28/1984
Henry Saludes v. Evelyn Ramos, M.D., and Government of the Virgin Islands. Appeal of Government of the Virgin Islands
Citations
- 744 F.2d 992
- 1984 U.S. App. LEXIS 18133
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff bringing a medical malpractice claim against a governmental entity is required to comply with both the tort claims act and the medical malpractice act of the Virgin Islands
- applying the Virgin Islands’ medical-malpractice and tort claims act statutes together
- while “[t]he district court’s reading of local law should be respected ... we will not accord it any greater deference than we would in a diversity action.”
- An earlier decision which is inapposite because it (1) was on direct appeal from the district court sitting as a trial court and (2
- “Because plaintiff seeks recovery against Dr. Ramos in the doctor’s private capacity, plaintiff was not required to comply with [VITCA] with regard to that claim.”
- “Because plaintiff seeks recovery against [the defendant] in [her] private capacity, plaintiff was not required to comply with the [Virgin Islands] Tort Claims Act with regard to that claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Seitz, Garth, Higgin-Botham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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