Federal Malpractice in Indian Country and the Law of the Place : A Re-Examination of Williams v. United States under Existing Law of the Eastern Band of Cherokee Indians

Abstract

This paper analyzes the law applicable in malpractice cases occurring within Indian Country and brought under the Federal Tort Claims Act, applying the Law of the Place. In particular, this paper argues that the law of the Eastern Band of Cherokee Indians, including the customs and traditions of the Tribe, should have been applied by the Federal Courts in lieu of the law of North Carolina in Williams v. United States. The paper concludes by suggesting that a complete laboratory of Federalism should include the application of the laws of the respective Tribes where Federal medical negligence occurs