Gerald F. Warren v. United States

999 F.2d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerald F. WARREN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-35558. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 14, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Gerald Warren, a Vietnam veteran, appeals the district court's Fed.R.Civ.P. 41(b) dismissal of his malpractice suit against the government. 1 The issue was whether various Veterans' Administration ("VA") doctors committed malpractice by allegedly misdiagnosing Warren as "bipolar" and treating him with Lithium. Five psychiatrists, three treating physicians and two reviewing experts, testified at the bench trial. Four of the five doctors opined that the diagnosis and treatment either met or exceeded the requisite standard of care. The district court concluded that Warren failed to prove malpractice. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 Warren served…