It is not uncommon for people in facilities owned and operated by the federal government to receive medical care during their stay. If they subsequently suffer harm due to incompetent care, they may be able to seek recourse, but the nature of their claims depends in part on the egregiousness of the offending party’s actions. This was illustrated recently in a New York opinion in which the court dismissed the plaintiff’s claims that medical malpractice comprised a violation of his constitutional rights. If you were injured by a careless healthcare provider, you have the right to seek compensation, and you should contact a Syracuse medical malpractice attorney to discuss your prospective claims.
The Facts of the Case
It is reported that the plaintiff, a resident of a facility owned and operated by the federal government, began to complain of symptoms of hepatitis following an outbreak. He reported his symptoms to the defendants, who were health care providers, who evaluated him but did not diagnose him with hepatitis. His symptoms worsened, and he asked to go to the emergency room, but his request was denied. He was ultimately hospitalized and diagnosed with hepatitis.
Allegedly, the plaintiff filed a complaint against the defendants averring that their negligence caused him to suffer permanent and severe injuries and a reduced earning capacity and violated his constitutional rights. The defendants then moved to dismiss his constitutional violation claims. Continue Reading ›