Opinion · Court of Appeals for the Ninth Circuit

Jack D. Tirrill v. Joseph J. McNamara

Jack D. Tirrill v. Joseph J. McNamara, 451 F.2d 579 (9th Cir. 1971)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1971-12-03
Topic
general

PER CURIAM: The District Court dismissed Tirrill’s complaint, seeking recovery for alleged medical malpractice, and this appeal followed. We affirm. Our court has consistently held that an army physician is immunized from tort liability to a fellow soldier when the alleged act of malpractice occurred in a military hospital and was committed by the physician in the line of his military duty. E. g., Bailey v. Van Buskirk, 345 F.2d 298 (9th Cir. 1965), cert. denied, 383 U.S. 948, 86 S.Ct. 1205, 16 L.Ed.2d 210 (1966).

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Cited by
17 opinions
TIRRILL v. McNAMARA,451 F.2d 579(9th Cir. 1971)
JACK D. TIRRILL, APPELLANT, v. JOSEPH J. McNAMARA, APPELLEE.
No. 71-1024.
United States Court of Appeals, Ninth Circuit.
December 3, 1971.
John L. Svoboda, Springfield, Or., for appellant.

Sidney I. Lezak, U.S. Atty., Portland, Or., Morton Hollander, Dept. of Justice, Washington, D.C., Michael L. Morehouse, Asst. U.S. Atty., Portland, Or., for appellee.
Appeal from the United States District Court for the District of Oregon.
Before HAMLEY, ELY, and KILKENNY, Circuit Judges.
PER CURIAM:
[1] The District Court dismissed Tirrill's complaint, seeking recovery for alleged medical malpractice, and this appeal followed. We affirm.

[2] Our court has consistently held that an army physician is immunized from tort liability to a fellow soldier when the alleged act of malpractice occurred in a military hospital and was committed by the physician in the line of his military duty.E. g.,Bailey v. Van Buskirk,345 F.2d 298(9th Cir. 1965),cert. denied,383 U.S. 948, 86 S.Ct. 1205, 16 L.Ed.2d 210 (1966).See alsoFeres v. United States,340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950); Mattos v. United States,412 F.2d 793(9th Cir. 1969); Bailey v. DeQuevedo,375 F.2d 72(3d Cir.),cert. denied,389 U.S. 923, 88 S.Ct. 247, 19 L.Ed.2d 274 (1967).

[3] Affirmed.Page 589