Court of Appeals for the D.C. Circuit January 31, 1989, 88-5091 (Joanne Bembenista v. United States)

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This case requires us to decide the scope of governmental liability under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (“FTCA”), for a breach of the duty of protective care owed to a hospital patient. Following

Sheridan v. United States,

— U.S.-, 108 S.Ct. 2449, 101 L.Ed.