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McGRAW v. U.S.

No. 00-35514.

281 F.3d 997 (2002)

Nancy McGRAW, individually and as the Personal Representative of the Estate of Kenneth Place, Plaintiff-Appellant, and Kenneth Place, Estate of, Plaintiff, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2002.

Attorney(s) appearing for the Case

Larry Zinn, San Antonio, Texas, for the plaintiff-appellant.

Eugene A. Studer, Assistant United States Attorney, United States Attorney's Office, Tacoma, Washington, for the defendant-appellee.

Before: O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge.

This case calls upon us to refine our longstanding rule regarding the accrual of certain medical malpractice claims brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680. In Augustine v. United States, 704 F.2d 1074, 1078 (9th Cir.1983), we held that a plaintiff alleging a failure-to-diagnose theory must file an administrative claim with the appropriate...

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