Albert Correia v. United States

U.S. Court of Appeals for the First Circuit
Albert Correia v. United States, 339 F.2d 596 (1st Cir. 1964)
1964 U.S. App. LEXIS 3446

Albert Correia v. United States

Opinion

PER CURIAM.

The court below found that the doctor who treated the plaintiff at the Veterans’ Administration Hospital in West Haven, Connecticut, “was not lacking in the exercise of due care” and hence, not having been negligent, the United States was not liable to the plaintiff under the Federal Tort Claims Act. Perhaps the doctor might have used more extreme precautions in practicing a well recognized medical procedure known in rare instances to have serious side effects. But a preliminary clinical examination of the patient disclosed no need for extreme precautions. The record contains ample evidence warranting a finding that the doctor followed the usual practice *597 and used the usual skills of medical men in his field of practice in the area of West Haven, Connecticut, if not indeed ■elsewhere throughout the United States,

Judgment will be entered affirming the .judgment of the District Court.

Reference

Full Case Name
Albert CORREIA, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee
Status
Published