Fredilito Tumbaga v. United States

MEMORANDUM

Fredilito Tumbaga appeals the district court’s entry of judgment for the United States following a bench trial on his medical malpractice claims under the Federal Tort Claims Act. We have jurisdiction under 28 U.S.C. § 1291 . We review ques tions of law de novo, United States v. Roblero-Solis, 588 F.3d 692, 698 (9th Cir.2009); the district court’s factual determinations for clear error, Fed.R.Civ.P. 52(a)(6); and its rulings on the admissibility of expert testimony and denial of a motion to amend the judgment for abuse of discretion, Millenkamp v. Davisco Foods Int’l, Inc., 562 F.3d 971, 977 (9th Cir.2009); Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). We affirm.

The district court did not clearly err in finding that the Alaska Native Medical Center physicians’ failure to diagnose Tumbaga’s left vertebral artery dissection and first stroke was not a substantial factor in causing or exacerbating his second stroke. See Alaska Stat. § 09.55.540 (outlining the plaintiffs burden of proof in malpractice cases); Ennen v. Integon Indem. Corp., 268 P.3d 277, 290 (Alaska 2012) (stating that the “central question” in the proximate…