Verdicts

The U.S. Court of Appeals for the Tenth Circuit has affirmed the dismissal of a medical malpractice claim after concluding that it does not matter whether the claim falls under Arizona or Navajo law; in either case, expert testimony is necessary to show that the federal government is liable for the plaintiff's injuries, and the plaintiff failed to provide such evidence. Harvey v. U.S., 2012 U.S. App. LEXIS 14436 (10th Cir. 7/13/12).

The plaintiff is a member of the Navajo Tribe. He lives on the Navajo Reservation in New Mexico, where the Fort Defiance Indian Hospital (FDIH) is located. Indian Health Services is a federal government agency that operates FDIH pursuant to a lease with the Navajo Nation. The plaintiff went to the clinic at FDIH on Feb. 6, 2004 after falling and hurting his hand. There, X-rays were taken and the radiology report stated that the plaintiff had suffered a fracture. Despite this, his medical records stated that his X-rays were “ok.” He was treated only with Motrin and told to return if his condition did not improve. The plaintiff did return a month later; again, his medical records say that his X-rays are “ok,” and he was told to take Motrin. When the plaintiff returned a month after that, the fracture was finally noted in his medical records. He eventually underwent surgery, which left him in continuing pain. In March 2005 the cause of that pain was diagnosed at FDIH as being due to nerve entrapment.