Milton

MEMORANDUM **

Plaintiff/App ell ant Janice Milton, as Legal Guardian of Robert K. Towles, appeals the district court’s entry of judgment in favor of Defendant/Appellee United States (“the government”). Milton brought suit under the Federal Torts Claims Act (FTCA), 28 U.S.C. § 2671 , et seq. Milton alleged that the Veteran’s Affairs medical staff at the Michael O’Callahan VA Hospital in Las Vegas committed medical malpractice in treating her son, Robert K. Towles, who is now in a persistent vegetative state. Following a bench trial, the district court entered judgment in favor of the government. We review for clear error, Husain v. Olympic Airways, 316 F.3d 829, 835 (9th Cir.2002), and affirm. 1

Suits brought under the FTCA are to be decided “in accordance with the law of the place where the act or omission occurred.” 28 U.S.C. § 1346 (b)(1) (1988). As Towles was treated in a VA Hospital in Las Vegas, Nevada, Nevada law applies.

*537 Under Nevada law, “ ‘[mjedical malpractice’ means the failure of a physician, hospital or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.” Nev.Rev.Stat. §…