It is not uncommon for people who are frustrated by the level of medical care they receive in federal institutions to represent themselves in medical malpractice claims against their providers. While people have the right to pursue such claims without the assistance of attorneys, they are bound by the same pleading requirements as other parties. Specifically, they must set forth allegations that, on their face, demonstrate a right to recover damages. If they fail to do so, it may result in a dismissal of their claims, as illustrated in a recent New York opinion. If you were harmed by incompetent health care, it is advisable to seek the assistance of a Rochester medical malpractice lawyer to pursue claims against your provider.
The Plaintiff’s Harm
It is reported that the plaintiff is housed in a federal facility. In October 2017, he visited the facility’s medical center with complaints of pain in his left testicle. The defendant doctor prescribed a CT scan that required the plaintiff to ingest liquids prior to the test. He was administered liquids intravenously during the test as well. Plaintiff never received the results of the test and or a diagnosis for the pain in his left testicle.
Allegedly, the plaintiff began to experience symptoms of radiation sickness as well, such as hair loss, pain, and deteriorating teeth. Additionally, his speech was slurred, his tongue was swollen and purple, and he began to experience mental distress. Thus, he filed a federal lawsuit against the defendant, alleging, in part, that the defendant committed medical malpractice. The defendant moved to dismiss the plaintiff’s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Upon review, the court granted the motion. Continue reading