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TURNER EX REL. TURNER v. U.S.

No. 05-17035.

514 F.3d 1194 (2008)

Tracey T. TURNER, a minor by and through his parents and next friends, Tracy R. TURNER, mother, and Tracey Turner, father, and Tracey R. Turner, individually, and Tracey Turner, individually, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 28, 2008.

Attorney(s) appearing for the Case

William G. Cole, Dept. of Justice, Civ. App. Div., Washington, DC, Tamra Phipps, U.S. Atty., Tampa, FL, for U.S.

Tracy S. Carlin, Mills & Creed, P.A., Fred M. Abbott, Abbott Law Firm, PA., Jacksonville, FL, for Plaintiffs-Appellees.

Before BIRCH and BLACK, Circuit Judges, and MILLS, District Judge.

BIRCH, Circuit Judge:

In this appeal, we determine the proper standard of care in a case against the government under the Federal Tort Claims Act ("FTCA"), Title 28 U.S.C. §§ 2671-80, arising from emergency medical treatment provided at a military hospital in the state of Florida. The district court held that liability should be decided under an ordinary negligence standard of care, and not the "reckless disregard" standard codified in the Florida "Good...

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