Summary
holding that expert testimony is necessary to establish the standard of care with respect to an FTCA claim that a VA doctor committed medical malpractice by prescribing a cholesterol medication that interacted with the plaintiff's diabetes and liver disease
Summary of this case from Bustos v. United StatesOpinion
Civil Action No. 3:08-CV-1670-D.
March 8, 2010
ORDER
After reviewing all relevant matters of record in this case, including the February 4, 2010 findings, conclusions, and recommendation of the United States Magistrate Judge, in accordance with 28 U.S.C. § 636(b)(1), the undersigned is of the opinion that the findings and conclusions of the magistrate judge are correct and they are adopted as the findings and conclusions of the court.
Accordingly, plaintiff's December 9, 2009 motion not to use expert testimony is denied, and defendant's December 11, 2009 motion for summary judgment is granted. This action is dismissed with prejudice by judgment filed today.
SO ORDERED.