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Verdicts
Statute Creating Indian Clinics Granted No FTCA Coverage to Contractors
Because an Indian clinic and the doctors who worked there were not federal employees, and the statute establishing the clinic did not extend Federal Tort Claims Act, 28 U.S.C.S. ' 1346(b) (FTCA), coverage to it, the doctors and clinic could not substitute the United States as defendant in this medical malpractice action. Woodruff v. Covington, 2004 U.S. App. LEXIS 23975 (10th Cir. 11/17/04).
After receiving allegedly substandard medical care, plaintiff brought a malpractice action against two doctors, as well as the Central Oklahoma American Indian Health Council (COAIHC). The Council operates the Oklahoma City Indian Clinic (the Clinic), which was created by Congress to serve as a demonstration project for providing health care to Indians living in urban areas with unmet health needs. 25 U.S.C. ' 1660b(a). COAIHC was created as a part of the implementation of Title V of the Indian Health Care Improvement Act (IHCIA), 25 U.S.C. '' 1651 and 1660. Both defendant doctors were employees of COAIHC and the Clinic. The doctors and the COAIHC filed motions to dismiss or to substitute the United States for them as defendants under the FTCA.
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