· 11/19/1980
Richard Rise, Ind., Etc. v. United States of America, Defendant-Third Party v. Floyd R. Cooper and South Fulton Hospital, Third-Party
Citations
- 630 F.2d 1068
- 1980 U.S. App. LEXIS 12133
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the district court properly awarded relief based on theories of liability in the amended complaint that were not included in the plaintiffs’ administrative claim
- holding that notice is adequate' if it “brings to the Government’s attention facts sufficient to enable it thoroughly to investigate its potential liability and to conduct settlement negotiations with the claimant”
- holding that once the government decided to furnish medical care for dependents of service personnel, negligence in the medical are was actionable even though it is obvious that treatment involves frequent discretionary decisions
- concluding that army doctor’s negligent referral of patient was not a discretionary function
- finding that information discoverable in reasonable investigation by the Government is included within the scope of the plaintiffs administrative claim
- finding that the transfer of plaintiff to another hospital was part of the medical care that the Army undertook to provide and did not involve a discretionary decision
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Tjoflat, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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