James Short v. United States

MEMORANDUM

James K. Short appeals the district court’s entry of judgment on his Federal Tort Claims Act suit in favor of the United States following a bench trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review a district court’s findings of facts and “the results of essentially factual inquiries applying the law to the facts” made during a bench trial for clear error. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir.2002) (internal quotation marks omitted).

The district court did not clearly err by relying on expert testimony to find that the treatment plan prescribed by the treating medical professional met the applicable standard of care. An expert testified that colon cancer was extremely rare for people of Short’s age. In addition, Short did not have a family history of colon cancer. Based on these findings of fact, the district court made a reasonable inference that the United States did not breach a duty owed to Short when it made the initial diagnosis of hemorrhoids based on Short’s symptoms.

The district court did not err by finding Short’s recovery barred based on a finding that Short’s fault was greater than the United States.…