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HARVEY v. U.S.

No. 11-2164.

685 F.3d 939 (2012)

Frances Leon HARVEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 13, 2012.

Attorney(s) appearing for the Case

Mickale Carter , Beaver Dam , Wisconsin ( Burton Broxterman , Albuquerque, NM, with her on the briefs), appearing for Appellant.

John S. Koppel , Attorney, Appellate Staff, Civil Division ( Tony West , Assistant Attorney General; Kenneth J. Gonzales , United States Attorney; and Mark B. Stern , Attorney, Appellate Staff, Civil Division, with him on the brief), Department of Justice, Washington, DC, appearing for Appellee.

Before O'BRIEN, TYMKOVICH, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

I. INTRODUCTION

Frances Leon Harvey's appeal stems from a Federal Tort Claims Act ("FTCA") lawsuit that Mr. Harvey brought against the United States government for complications arising from an injury to his hand.

Mr. Harvey claims that government employees injured him by (1) misdiagnosing and delaying treatment of his hand fracture, and (2) performing negligent surgery on his hand. He argues that the district court erred...

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