Court says Guam man can sue gov't over surgery
Recent Cases
The Supreme Court says a Guam man can sue the government for a Navy surgeon's unsuccessful cataract surgery.
A unanimous court ruled on Monday for Steven Alan Levin, who was operated on in March 2003 at the United States Naval Hospital in Guam, a U.S. territory. Levin said he withdrew his consent before the operation began but doctors proceeded anyway. Levin suffered complications, which require ongoing treatment.
Levin sued for medical malpractice and battery. The courts threw out the medical malpractice complaint and kept the battery charge. But the 9th U.S. Circuit Court of Appeals said the government is also immune from being sued for battery.
The Supreme Court reversed that decision, with Justice Ruth Bader Ginsburg writing for the court that Levin's battery lawsuit against the government can move forward.
Related listings
-
Ex-Mass. chemist pleads not guilty to obstruction
Recent Cases 02/01/2013A former Massachusetts chemist accused of faking test results at a state drug lab has pleaded not guilty to four counts of obstruction of justice in a scandal that could jeopardize thousands of drug convictions. Annie Dookhan was indicted on a total ...
-
Court upholds removing man from death row
Recent Cases 01/22/2013The Pennsylvania Supreme Court has upheld a lower court ruling that a Pittsburgh-area man who stabbed his wife then dismembered her body should not be on death row because his low IQ makes him mentally disabled. Allegheny County Judge Lawrence O'Tool...
-
Mo. high court hears arguments on incentive fund
Recent Cases 09/22/2012Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect. Arguments Wednesday before the high court focused o...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.