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Action Claiming Medical Malpractice by Veteran's Administration Hospital

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By FindLaw Staff on June 04, 2010 3:14 PM

McCullough v. US, No. 09-13724, involved an action claiming medical malpractice by a Veteran's Administration hospital.  The court of appeals affirmed summary judgment for defendant, on the ground that plaintiff's administrative claim was filed more than two years after he knew that his paralysis was caused by a spinal abscess that may have resulted from an operation performed at the hospital.

As the court wrote:  "Days before routine scheduled hernia surgery, Samuel McCullough ("Mr. McCullough") went to a Veterans Affairs hospital complaining about neck pain. Ten days after the surgery, he was quadriplegic. The district court granted summary judgment for the United States because Mr. McCullough's administrative claim was filed more than two years after Mr. McCullough knew that his paralysis was caused by a spinal abscess. We feel sympathy for Mr. McCullough in light of his misfortune. Nonetheless, the statute of limitations requires us to affirm."

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