Tag Archives: Federal Tort Claims Act

Allegedly Abused Prisoner Wins Unanimous Supreme Court Tort Case (Was It All Justice Alito’s Doing?)

Yesterday, the Supreme Court unanimously held in Millbrook v. United States that 28 U.S.C. § 2680(h) — the statute that permits lawsuits against “investigative or law enforcement officers of the United States Government” for claims arising “out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution” — means just what it says, reversing nearly thirty years of law in the Third Circuit. So why did the Supreme Court have to tell us that a statute meant what it obviously meant?   The case arose from a prisoner in the United States Penitentiary in Lewisburg, Pennsylvania, who ... Continue Reading

TweetLikeEmailLinkedIn

When Does A Reasonable Person Suspect Medical Malpractice?

As recently as twenty years ago, large parts of the medical establishment believed that neonatal Group B Streptococcus was rare disease that couldn't be prevented or treated. Unsurprisingly, the failure to treat Group B Strep remains one of the leading causes of malpractice in labor and delivery. Group B Strep was, and remains, the leading cause of meningitis and sepsis in newborns, but the American College of Obstetricians and Gynecologists (ACOG) and the American Academy of Pediatrics (AAP) didn't even have any documents, much less guidelines, on Group B Strep prevention until 1991. In 1993, the Centers for Disease Control ... Continue Reading

TweetLikeEmailLinkedIn

The Downside of Folding Medical Malpractice Into The Federal Tort Claims Act

Walter Olson at Point of Law refers us to a proposal by a Democratic legislator in Maryland: Primary-care providers who practice at federally qualified health centers do not need to purchase medical malpractice insurance. Why? The government promises to cover any claims against them under the Federal Tort Claims Act. If a patient has a successful malpractice case against the health center provider, the government becomes the insurer and agrees to pay the claim. The national health reform debate should include a proposal to expand Federal Tort Claims Act coverage to all primary care providers, regardless of where they practice, ... Continue Reading

TweetLikeEmailLinkedIn

Conservative Judicial Activists On The Federal Court of Appeals for D.C. Dismiss Abu Ghraib Lawsuit

In a stunning display of judicial activism, two conservative judges on the United States Court of Appeals for the District of Columbia re-wrote several recent Department of Defense regulations, a sixty-year-old Act of Congress, a basic principle of federalism upheld by dozens of Supreme Court opinions, and millenia of common law to dismiss the Saleh v. Titan Corporation and Ibrahim v. Titan Corporation lawsuits brought by more than a dozen Iraqis who "were beaten, electrocuted, raped, subjected to attacks by dogs, and otherwise abused by private contractors working as interpreters and interrogators at Abu Ghraib prison." Dissent op., p.1. The ... Continue Reading

TweetLikeEmailLinkedIn