Syracuse Medical Malpractice and Personal Injury Lawyer Blog
It is not uncommon for people seeking damages for medical malpractice to assert other claims in the same case. If such claims arise out of alleged violations of federal law, they may file their lawsuit in federal court. Federal courts have limited jurisdiction, but they can preside over medical malpractice claims asserted in the same case as federal question claims. If the federal question claims are dismissed, though, it will most likely result in the dismissal of the entire case, as explained in a recent opinion issued by a New York court. If you sustained losses due to the carelessness of a medical professional, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice lawyer to discuss your possible claims.
History of the Case
It is alleged that the plaintiff has been in the custody of the state since 2009. Throughout his stay, he underwent regular testing, including prostate specific antigen screenings. The plaintiff began to experience urinary issues, which he reported to the medical professionals at the facilities he was housed in on various occasions from 2013 to 2018, for which he was prescribed medication.
Reportedly, the plaintiff was ultimately diagnosed with prostate cancer in 2020. He subsequently filed a lawsuit naming the parties who provided him medical care over the years as defendants and asserting claims that they were deliberately indifferent to his serious medical needs in violation of his Eight Amendment rights and that they committed medical malpractice. The defendants moved to dismiss the plaintiff’s claims on the grounds that he failed to state claims under which relief could be granted.
Medical Malpractice Claims Pursued in Federal Courts
The court first addressed the plaintiff’s claims that the defendant’s actions demonstrated a deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights. Ultimately, the court found that the plaintiff’s assertions failed to rise to the level of deliberate indifference and instead sounded in medical negligence. As such, it granted the defendants’ motion to dismiss as to those claims.
As the court determined that the plaintiff failed to adequately plead any claims that arose under federal law, it declined to exercise supplemental jurisdiction over his medical malpractice claims that arose under state law without determining whether such claims contained sufficient factual information to withstand the motion to dismiss. As such, it dismissed the plaintiff’s claims without prejudice.
Talk to a Dedicated Syracuse Medical Malpractice Lawyer
People harmed by the carelessness of their medical providers can pursue damages via medical malpractice claims, but if their claims are brought before the wrong court, they may be dismissed. If you were harmed by medical negligence, you should talk to an attorney about your options for seeking redress. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can inform you of your rights and help you to seek the best legal outcome possible under the facts of your case. You can reach us through our form online or by calling us at 833-200-2000to set up a conference.
