The United States Court of Appeals for the Fourth Circuit affirmed a district court dismissal of a Federal Tort Claims Act action. The appellate court declined to consider claims regarding failure to treat and state medical liability statutes because the appellant failed to preserve them for appeal.
Keith A. Arrick, Sr., proceeding pro se, appealed a district court order dismissing his action against the United States under the Federal Tort Claims Act. The underlying case originated in the United States District Court for the Northern District of West Virginia.
The court’s reasoning
The court reviewed the record and discerned no reversible error. The court noted that the appellant did not preserve for appeal his failure-to-treat claim, nor did he challenge the district court’s application of the Medical Professional Liability Act. Consequently, the court did not consider those claims on appeal.
What it means going forward
The decision reinforces the requirement that litigants must preserve specific legal arguments and statutory challenges in the district court to raise them on appeal, particularly in Federal Tort Claims Act cases involving state medical liability laws.
