The COVID-19 pandemic caused many people, including those living in federal facilities, to suffer irreparable harm. In some instances, such harm was brought about or exacerbated by the failures of medical professionals. While people harmed by the negligent rendering of care in a federal facility have the right to pursue compensation for their losses, they must make sure that their claims are properly pleaded and pursued in the appropriate forum otherwise, as illustrated in a recent New York ruling issued in a medical malpractice case, they may be dismissed. If you were injured by the carelessness of a healthcare provider, you might be owed damages, and you should speak to a Syracuse medical malpractice lawyer about your potential claims.
Factual and Procedural Background of the Case
It is reported that the plaintiff was confined to a facility owned and operated by the federal government during the COVID-19 pandemic. The plaintiff, who suffers from several chronic health conditions, alleged that the medical professionals that worked at the facility failed to take the measures necessary to protect him from pandemic-related health risks. Thus, he filed a lawsuit against the federal government, asserting claims of deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights and medical malpractice. The federal government then moved to dismiss his claims.
Federal Court Jurisdiction Over State Law Medical Malpractice Claims
The court first assessed the plaintiff’s claims that the defendant violated his Eighth Amendment rights via its employees’ deliberate indifference to his critical medical needs, finding that the allegedly harmful actions failed to rise to the level necessary to meet the elements of his claim. As such, it granted the defendant’s motion to dismiss as to those claims. Continue Reading ›