Legal Question in Federal Tort Claims in Oklahoma

Re: Indian Hospital

I am not sure what is involved in this case, so I am limited in my response; however, I can tell you that there are numerous catagories of Torts. There are "Federal Torts" that provide a certain degree of protection for government officials, employees or agents instrumentally under its control. However, whether this case is actionable would depend on whether sovereign immunity would or would not apply or if they entitled to it.

What you may be referring to is a "Negligent Tort" this tort is committed by failure to observe the standard of care required by law under certain circumstances. In the medical profession, this standard of care should be considered extremely high. Secondly, indians populations can be considered as federally protected as "citizens" with certain rights, not immunity. There is also another immunity that apply to the state-owned facilities as public officials. Never-the-less, in most circumstances, they must apply the same standards of care in their duties as medical professionals and the same degrees of standards, principles,social and ethical responsibility would apply to all individuals under this profession, particularly if actionable negligence had already been established. You may want to continue legal counsel regarding this issue.