The U.S. government has lost its bid for immunity in a medical malpractice suit concerning alleged negligence by a surgeon at a federally funded clinic. But a federal judge has ruled the government is entitled to a $250,000 cap on liability in connection with the alleged mishap.

The suit stems from an emergency cesarean section performed on Melissa Fiori-Lacivita by Ylbe Franco-Palacios, a physician with CompleteCare Health Network. A few days after the surgery, Fiori-Lacivita discovered she had a perforation in her colon and required another operation.