Smith et al v. United States of America et al

Filing 51

ORDER granting Defendant United States' 37 Unopposed Motion for Partial Summary Judgment. The portion of plaintiff's claim that alleges that Dr. Patel violated the standard of care when providing medical treatment to plaintiff in February 2013 is DISMISSED WITH PREJUDICE. Signed by Judge Robert S. Lasnik. (swt)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EMMETT L. SMITH,
Plaintiff,

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Case No. C15-116RSL
v.
UNITED STATES OF AMERICA,
Defendant.

This matter comes before the Court on the government’s motion for partial summary
judgment. Dkt. # 37. In this case, plaintiff Emmett L. Smith sues the United States under the
Federal Tort Claims Act for the alleged medical negligence of two physicians, Dr. Angel Lin
and Dr. Nirav Patel, who treated plaintiff in their capacities as federal employees at the
HealthPoint Community Health Center in Renton, Washington. The government moves for
partial summary judgment on the portion of plaintiff’s claim that arises from treatment by Dr.
Patel in February 2013. Specifically, the government argues that plaintiff cannot establish a
prima facie case of negligence arising from this treatment because none of plaintiff’s medical
experts will testify that Dr. Patel violated the applicable standard of care in February 2013.
Plaintiff does not oppose partial summary judgment on this point. Dkt. # 41.
Having reviewed the parties’ briefs, declarations, exhibits, and the remainder of the
record, and in light of plaintiff’s non-opposition, the Court GRANTS the government’s motion.
The portion of plaintiff’s claim that alleges that Dr. Patel violated the standard of care when

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ORDER GRANTING UNITED
STATES’ UNOPPOSED MOTION
FOR PARTIAL SUMMARY
JUDGMENT

ORDER GRANTING UNITED STATES’ UNOPPOSED
MOTION FOR PARTIAL SUMMARY JUDGMENT - 1

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providing medical treatment to plaintiff in February 2013 is DISMISSED WITH PREJUDICE.

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DATED this 9th day of March, 2017.

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A

Robert S. Lasnik
United States District Judge

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ORDER GRANTING UNITED STATES’ UNOPPOSED
MOTION FOR PARTIAL SUMMARY JUDGMENT - 2