Federal law does not require parties pursuing medical malpractice claims to include evidence in their initial pleadings. It does, however, require them to set forth factual assertions that are sufficient to inform defendants of the claims against them so that they may properly prepare defenses. Plaintiffs that fail to meet this burden may face the dismissal of their claims. This was demonstrated in a recent New York ruling in which the court terminated the plaintiff’s medical malpractice claims due to the vagueness of her allegations. If you were injured while being treated in a hospital, it is smart to meet with a Rochester hospital malpractice lawyer about your potential claims.
The Plaintiff’s Allegations
It is reported that the plaintiff filed a lawsuit against the defendant hospital and defendant doctor due to a neck injury. The complaint sounded in medical malpractice, alleging the defendants failed to provide the plaintiff with x-rays and caused her pain and suffering. The complaint alluded to paralysis and included other indiscernible allegations. The defendant moved to dismiss the complaint, arguing that it failed to comply with the pleading standards established by the federal rules of civil procedure. The court agreed and granted the motion.
Pleading Standards in Medical Malpractice Claims
Federal Rule of Civil Procedure 8 establishes the requirements for stating claims. In other words, a pleading setting forth a claim for relief must contain a statement of the basis for the court’s jurisdiction, a plain and short statement of the claim demonstrating that the pleader should be granted relief, and a demand for the relief sought. Continue reading