On March 4, 2013, the United States Supreme Court decided the medical malpractice case of Levin v. United States, No. 11-1351. It upheld a military veteran’s suit for intentional tort against the United States for a Navy surgeon allegedly operating on a patient without consent in the course and scope of his employment.
Justice Ginsburg authored the Levin medical malpractice opinion. It decided that the Gonzalez Act abrogated the intentional tort exception of the Federal Tort Claims Act for medical battery.
