What is the test for barring medical malpractice claims that allege negligent medical care caused the death of a service member?
MultiRegion, United States of America
The following excerpt is from Hata v. U.S., 23 F.3d 230 (9th Cir. 1994):
5 See, e.g., Persons v. United States, 925 F.2d 292 (9th Cir.1991) (barring medical malpractice claim that alleged that naval hospital negligently failed to warn of service member's suicidal condition); Atkinson v. United States, 825 F.2d 202 (9th Cir.1987), cert. denied, 485 U.S. 987, 108 S.Ct. 1288, 99 L.Ed.2d 499 (1988) (barring servicewoman's medical malpractice claim that alleged that negligent medical care caused her child to be stillborn).
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