Topic: in some instances, state law characterized an act of medica… · Go Syfert
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Topic #7722

10 canonical passages across 8 cases, quoted by 46 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United States.

#Case FlagCanonical passage Citers
1 Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United States Anchor
ca10 · 1993
green “in some instances, state law characterized an act of medical malpractice as an intentional tort, leaving va medical personnel potentially liable for an action for which the law intends the government to assume liability.” 8
2 Ingram v. Faruque
ca10 · 2013
green “section 2680(h) does not bar application of the ftca to intentional tort claims arising out of the conduct of va medical personnel within the scope of' 38 u.s.c. 7316 (f).” 7
3 Bodin v. United States
ca5 · 2006
green “an employer will not be held liable as a matter of law merely because the employment situation provided the opportunity for the servant's wrongful acts or the means to carry them out.” 5
4 Franklin Savings Corporation v. United States
ca10 · 1999
green “to circumvent the discretionary function exception, the mandatory duty alleged must be one whose breach bears a causal relationship to the plaintiffs' injuries, thereby giving rise to their cause of action against the government.” 4
5 Ingram v. Faruque
ca10 · 2013
green “furnishing medical care or treatment,” 4
6 BARSAMIAN v. City of Kingsburg
caed · 2009
green “that the employment brought the tortfeasor and victim together in time and place is not enough.” 4
7 Hardscrabble Ranch, L.L.C. v. United States
ca10 · 2016
green “the existence of some mandatory language does not eliminate discretion when the broader goals sought to be achieved necessarily involve an element of discretion.” 4
8 Clark v. United States
ca10 · 2017
green “to circumvent the discretionary function exception, the mandatory duty alleged must be one whose breach bears a causal relationship to the plaintiffs' injuries, thereby giving rise to their cause of action against the government.” 4
9 Mahon v. United States
ca1 · 2014
green “even if the inspections might have revealed dangerous conditions, as the district court explained the plaintiffs have identified only a discretionary duty or function to determine specifically how to remediate those specific conditions and thereby potentially avert their injurie…” 3
10 Clark v. United States
ca10 · 2017
green “even if the inspections might have revealed dangerous conditions, as the district court explained the plaintiffs have identified only a discretionary duty or function to determine specifically how to remediate those specific conditions and thereby potentially avert their injurie…” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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