Most medical malpractice claims fall under state law, but federal jurisdiction may arise in certain circumstances. In other words, if you suffered harm due to the negligence of a medical professional in a federal or correctional facility, you may need to navigate both state and federal legal frameworks. As demonstrated in a recent New York case, federal courts sometimes dismiss claims to allow plaintiffs to pursue remedies under state law. If you suffered losses due to medical malpractice, it is wise to speak with a Rochester medical malpractice lawyer about your options to ensure that you do not waive your right to pursue damages.
History of the Case
It is alleged that the plaintiff brought a pro se action under 42 U.S.C. § 1983, alleging medical malpractice and negligence claims against several medical professionals. The plaintiff asserted that during a surgery performed at a hospital to correct a fractured jaw, a nerve was mistakenly severed, causing severe and ongoing pain, numbness, and speech impairment. The plaintiff further alleged that the defendants, including doctors and hospital administrators, negligently discharged him despite his ongoing medical issues. He sought $250,000 in damages.
Reportedly, the federal court granted the plaintiff’s request to proceed in forma pauperis but, upon review, dismissed the case for failure to state a claim. The court provided the plaintiff leave to amend his complaint to address deficiencies, including the failure to allege deliberate indifference to medical needs as required under § 1983. The court also declined to exercise supplemental jurisdiction over the state law claims, citing the dismissal of the federal claims as its basis. Continue Reading ›