Rochling v. Dept. of VA, et al.

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After a patient's death, the patient's family sued the VA for medical malpractice. The VA settled with the family and determined that the settlement was "for the benefit of" plaintiff, who was a treating physician. Plaintiff then filed suit against the VA alleging violations of his due process rights and violations of the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq. The court concluded that the district court did not err by dismissing the procedural due process claim because plaintiff failed to plead the deprivation of a constitutionally protected interest; the district court did not err by dismissing plaintiff's substantive due-process claim because plaintiff's pleadings were insufficient; the VA's factfinding procedures were adequate and the district court properly rejected de novo review; the district court did not grossly abuse its discretion by denying plaintiff's motion to supplement the record; and the VA's decision was not arbitrary or capricious, and the district court did not err by granting summary judgment. Accordingly, the court affirmed the judgment of the district court. View "Rochling v. Dept. of VA, et al." on Justia Law