AYERS v. UNITED STATES

No. 83-1678.

750 F.2d 449 (1985)

Harold "D" AYERS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 1985.


Attorney(s) appearing for the Case

James A. Rolfe, U.S. Atty., Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., defendant-appellant.

Gibbins, Burrow & Bratton, Barham Bratton, Bob Gibbins, Yii-Chwen Pan, Austin, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, JOHNSON, and WILLIAMS, Circuit Judges.


JOHNSON, Circuit Judge:

The United States appeals from an adverse judgment finding the Government liable under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, for injuries Harold "D" Ayers suffered while he was being treated at the Dallas Veterans Administration Hospital in July of 1976. The Government argues that the evidence adduced at trial failed to establish the standard of care that applies to a licensed physician who is a four month...

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