What is the test for a plaintiff's claim of deprivation of due process in a medical malpractice case?

He first claims deprivation of due process in failure to properly consider his alleged medical disabilities, homosexuality and high blood pressure. Although he checked the affirmative box next to homosexual at his 1965 examination, he was nevertheless then found qualified, and at his reexamination in 1970 he did not even check this box indicating either recovery from or invalidity of his original claim. The claim of high blood pressure was not raised below and may not thus be raised on appeal. Morales v. United States, 373 F.2d 527

[453 F.2d 1243]

(9th Cir. 1967). See also United States v. Sowul, 447 F.2d 1103 (9th Cir. 1971) and United States v. Shunk, 438 F.2d 1204 (9th Cir. 1971).

[453 F.2d 1243]