McDonald v. United States , 85 F. App'x 981 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS January 19, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-60645
Summary Calendar
BARBARA MCDONALD,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:02-CV-82LN
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Barbara McDonald appeals the summary judgment granted in
favor of the Government on her Federal Tort Claims Act (FTCA)
case, alleging dental malpractice. Her sole argument on appeal
is that the district court used the wrong standard under
Mississippi law to determine causation. McDonald does not
challenge on appeal the district court’s conclusion that she
waived any medical malpractice claims other than her allegation
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-60645
-2-
that she was not given an opportunity to make an informed consent
to the medical procedure, and she also did not challenge the
court’s finding that she failed to establish causation. These
claims are therefore deemed abandoned. See Elvis Presley
Enters., Inc. v. Capece, 141 F.3d 188, 193 n.2 (5th Cir. 1998).
Although the district court did not specifically state that
it was applying the “objective causation” test used under
Mississippi law for medical malpractice claims, the court used
the proper standard and concluded that McDonald had presented no
evidence to show that a reasonable person would have withheld
consent if informed of the risks involved in the procedure.
See Phillips v. Hull, 516 So. 2d 488,493 (Miss. 1987). The
judgment of the district court is AFFIRMED.