Lopez v United States

Lopez appealed judgment for the United States in his medical negligence and negligent credentialing claims. The panel affirmed in part and reversed and remanded with instructions to dismiss in part. It affirmed on the medical negligence as Lopez did not challenge the district court’s factual finding that a physician who was not a federal employee actually performed the surgery and thus there was no liability on the government’s part. It reversed and remanded the credentialing claim holding there was no subject matter jurisdiction over the claim as Lopez did not include facts about credentialing in his administrative claim and thus waived all claims concerning credentialing it.