Sonia Velasquez, as Administrator of the Estate of Timoteo Velasquez v. United States

62 F.3d 1427 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sonia VELASQUEZ, as administrator of the estate of Timoteo Velasquez, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-16884. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1995. Decided July 31, 1995. Before: FLETCHER, REINHARDT, AND NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Sonia Velasquez, as administrator of the estate of Timoteo Velasquez, appeals the district court's judgment for the defense in her husband's medical malpractice action against the United States under the Federal Tort Claims Act. This court had reversed a previous defense verdict and remanded for a trial on whether Velasquez would have consented to the surgery had he been properly informed of the alternatives; on remand the district court found that he would have consented. FACTS 3 In early 1984 Timoteo Velasquez developed chest pain and a swollen, tender mass on his chest. He sought…