Magallanes de Valle v. United States

BACKGROUND

25 This is a medical malpractice case brought under the Federal Tort Claims Act (“FTCA”). 26 29 U.S.C. § 2671-2680. The case arises from a vaginal hysterectomy performed at Doctors 27 Medical Center of Modesto (“Doctors Medical”). 28 A. Factual Background In June 2015, Plaintiff sought medical attention for complaints of anemia from blood loss caused by heavy periods. In May 2016, Plaintiff complained of worsening pelvic pain and continued heavy menstrual bleeding. Plaintiff consented to a hysterectomy. On June 27, 2016, Plaintiff underwent a total vaginal hysterectomy and bilateral salpingo- oophorectomy at Doctors Medical. The surgery was performed by Rebecca J. Brock, M.D., who is deemed to be an employee of the Public Health Service pursuant to the Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233, and who was acting within the scope of her employment at the time of the underlying incident. As a result, the United States is the proper defendant in this action. Plaintiff was observed in the hospital for two days after the surgery, during which time she progressed to a regular diet, was…