James G. Muir v. United States

73 F.3d 369 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James G. MUIR, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-16306. United States Court of Appeals, Ninth Circuit. Submitted Dec. 8, 1995. Decided Dec. 26, 1995. Before: BOOCHEVER and REINHARDT, Circuit Judges, and KING, ** District Judge. MEMORANDUM *** James Muir (Muir) brought suit for damages against the United States of America (Government) under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2671 et seq. (1988), claiming that government doctors working for the Veterans Administration (VA) committed medical malpractice. The district court granted the Government's motion to dismiss without leave to amend. We reverse. According to the complaint, in July of 1980, government doctors working for the VA failed to diagnose properly Muir's medical condition. Muir alleged that as a result he developed a brain tumor requiring surgery and sustained hearing loss and other neurological…