Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Numerous healthcare facilities throughout New York are funded by the federal government. While healthcare providers working at such facilities are expected to adhere to established standards of care, establishing liability for medical malpractice for deviations from such standards can be challenging. Specifically, there are additional procedural requirements plaintiffs must adhere to that are not present in actions against non-public entities, and as discussed in a recent New York case, the failure to follow the proper procedure may jeopardize their claims. If you were harmed by negligent medical care and are interested in pursuing an action against the provider responsible for your injuries, it is advisable to speak to a Syracuse medical malpractice attorney as soon as possible.
Case Summary and Allegations
It is alleged that the plaintiff sought treatment at the emergency room of Albany Stratton Veterans Hospital (ASVH) on October 13, 2021, for chronic back pain stemming from an active-duty injury. The emergency room physician prescribed three injections, two of which the plaintiff had previously received without incident. The plaintiff claims that after receiving the injections, he was discharged without the standard post-injection observation period. Upon standing, he blacked out and fell to the floor.
Reportedly, the plaintiff alleged that between October 2021 and March 2022, he made over 20 visits to ASVH and other local emergency rooms due to unrelenting pain. Despite these visits, he contends that his primary care provider at ASVH, a named defendant, delayed ordering diagnostic tests. When tests were eventually conducted, they revealed a fractured spinal fusion from a prior surgery. The plaintiff asserts that this delay caused him significant and ongoing pain, which he rated as a constant 10 out of 10. He further alleges that a medical report by his primary care provider labeling him as an opioid abuser amounted to slander. The plaintiff filed a lawsuit under the FTCA, seeking $150,000 in damages for negligence and medical malpractice. He also applied for leave to proceed in forma pauperis.
Procedural Requirements in Medical Malpractice Claims Against Federal Facilities
The court first addressed the plaintiff’s motion to proceed in forma pauperis and granted it, noting his financial constraints. However, the court reviewed the substantive sufficiency of the complaint under the FTCA, focusing on two key issues: timeliness and compliance with procedural requirements.
Under the FTCA, medical malpractice claims must be filed within two years of the date the plaintiff knew or should have known of the injury and its cause. The court found that the plaintiff’s claims were likely untimely, as his SF-95 form, dated July 12, 2024, was submitted more than two years after he discovered his injury in May 2022. The court noted that the “diligence-discovery rule” might have extended the filing deadline, but the plaintiff failed to demonstrate that his delay was reasonable or excusable.
The court also found that the plaintiff failed to provide evidence of compliance with the FTCA’s administrative exhaustion requirement. Specifically, the plaintiff did not present proof that his claim was filed with the Department of Veterans Affairs or that he received a final determination before filing the lawsuit. The court emphasized that compliance with these procedural prerequisites is jurisdictional and cannot be waived. As a result, the court recommended dismissing the plaintiff’s claims without prejudice and granting him leave to amend the complaint to address these deficiencies.
Meet with a Seasoned Syracuse Medical Malpractice Attorney
Medical malpractice claims involving government facilities require careful attention to deadlines, documentation, and administrative processes. If you or someone you love were hurt by negligent care at a federal facility, it is smart to meet with an attorney to discuss your options. The seasoned Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and advise you on the best manner to proceed. You can reach us to set up a confidential and free conference by using our online form or calling us at 833-200-2000.
