Steward

MEMORANDUM **

Terry Steward brought this action under the Federal Torts Claim Act (FTCA) alleging he received negligent medical care from doctors at a Veterans Affairs (VA) hospital. Following a bench trial, the district court rejected Steward’s claims of medical malpractice except for finding that the VA failed to obtain Steward’s informed consent prior to a surgery. For this breach, the court awarded Steward $75,000. Steward appeals pro se, reasserting his claims of medical malpractice and arguing the damage award was insufficient. We affirm.

DISCUSSION

The FTCA waives the government’s immunity for tort claims arising out of the negligent conduct of government employees acting within the scope of their employment. Terbush v. United States, 516 F.3d 1125, 1128 (9th Cir.2008). Thus, the government may be sued “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” Id. at 1128-29 (quoting 28 U.S.C. § 1346 (b)(1)). In this instance, state law required the VA doctors to “exercise that degree of skill, knowledge, and care ordinarily possessed and exercised by mem…