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Tsosie v. United States, 452 F.3d 1161 (10th Cir. 2006)

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by Brad Jolly, Partner

June 29, 2006

The family of a deceased member of the Navajo Nation filed an action against the United States claiming that the Indian Health Service ("IHS") was negligent in failing to diagnose the hantavirus. The Tenth Circuit Court of Appeals held that the treating physician was an independent contractor, not an employee, at the time of treatment. As a result, the Court held, the United States could claim an independent contractor defense to the suit and could not be held liable for the physicians acts under the Federal Tort Claims Act, which is limited to employees. Because of the Court's decision, the suit is dismissed.

Read the court's opinion here.

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