DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062911P.pdf 08/16/2007 Fernando Chapa v. USA
U.S. Court of Appeals Case No: 06-2911
District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit
Judges]
Civil Case - Federal Tort Claims Act. District court's decision is affirmed
that all emergency physicians, except one, acted within generally
recognized medical standard of care and that the one physician's failure to
review medical record was not the proximate cause of infant's injuries.
District court did not abuse its discretion in using "but for" test and did
not clearly err in determining evidence was insufficient to prove
proximate cause.