The opinion in this matter is here: Loza v Native American Air Ambulance An excerpt:
On January 29, 2009, Plaintiffs filed a complaint in the Maricopa County Superior Court alleging medical malpractice against certain named defendants, including Dr. Jesus Carpio. On February 2, 2009, Plaintiffs filed an administrative tort clam with allegations pertaining to Dr. Carpio similar to those contained in Plaintiffs’ January 29 complaint. At the time of the alleged acts of malpractice, Dr. Carpio was an employee of Parker Indian Hospital-a hospital operated by the Indian Health Service, an agency of the United States Department of Health and Human Services.
On May 11, 2009, the United States, on behalf of Dr. Carpio, removed Plaintiffs’ action to this Court and substituted the United States for Defendant Dr. Carpio under 28 U.S.C. § 2679(d)(2). Shortly thereafter, Defendant United States filed its Motion to Dismiss.
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