Gilmore

MEMORANDUM *

This case involves a medical malpractice action against the United States under the Federal Tort Claims Act (FTCA). Plaintiff Gregory Gilmore alleges that the factual findings entered by U.S. Magistrate Judge Robert A. McQuaid after a bench trial were clearly erroneous. We conclude that none of the district court’s factual findings are clearly erroneous. We AFFIRM.

*152 We review a trial court’s findings of fact following a bench trial for clear error. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir.2002). We “accept the [trial] court’s findings of fact unless we are left with the definite and firm conviction that a mistake has been committed.” N. Queen Inc. v. Kinnear, 298 F.3d 1090 , 1095 (9th Cir.2002) (citation and internal quotation marks omitted). ‘Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Williams v. Woodford, 384 F.3d 567, 592 (9th Cir.2004) (quoting Anderson v. Bessemer City, 470 U.S. 564, 574 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985)).

I

Dr. Plecha departed in this case from his “usual” practice of recording his preoperative conversations with his patient about…