Timoteo Velasquez v. United States

Good Law
988 F.2d 126·1993 WL 45306·1993 U.S. App. LEXIS 10698
United States Court of Appeals for the Ninth CircuitFebruary 23, 199391-16337California787 words

Opinion

Opinion

988 F.2d 126 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timoteo VELASQUEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-16337. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Feb. 23, 1993. Appeal from the United States District Court for the District of Hawaii, No. CV-88-00171-DAE; David A. Ezra, District Judge, Presiding. D.Hawaii REVERSED AND REMANDED. Before JAMES R. BROWNING, WILLIAM A. NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM ** I. 2 As "the place where the act or omission occurred," Hawaii law governs the liability of the United States in this action under the Federal Tort Claims Act. 28 U.S.C. §§ 1346 (b) and 2671 et seq.; Ting v. United States, 927 F.2d 1504, 1513 (9th Cir.1991). Hawaii Revised Statutes § 671-3 requires a patient to be reasonably informed, inter alia, of "the recognized possible alternative forms of treatment, including non-treatment." See also…

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