Many hospitals and medical facilities in New York receive federal funding. If a patient suffers harm due to incompetent care received in such a facility, they can seek damages via medical malpractice claims, but they are bound by a different set of procedural requirements than those pertaining to claims against private facilities. The courts strictly construe such requirements, and if they find that a plaintiff failed to comply with them, they will most likely dismiss their claims, as demonstrated in a recent New York opinion. If you were hurt by the negligence of a medical professional, you could be owed damages, and it is smart to speak to a Syracuse medical malpractice lawyer as soon as possible.
The Plaintiff’s Claims
It is reported that between June 2016 and January 2017, the plaintiff received medical treatment from the defendants, including assessments, examinations, and surgery. The plaintiff asserted that because of the defendant’s negligence and failure to obtain her informed consent, she suffered personal injuries. As such, she filed a medical malpractice lawsuit against the defendants in state court.
Allegedly, the defendants removed the action to the federal district court pursuant to the Federal Tort Claims Act (FTCA) on the grounds that the defendants worked in a federally funded facility and were, therefore, employees of the United States and acting in the scope of their employment when they treated the plaintiff. They then moved to dismiss the complaint on the grounds that the court lacked subject matter jurisdiction over the case. Continue Reading ›