The majority of medical malpractice cases are pursued at the state court level. Some defendants, though, prefer to litigate claims before federal courts and will move a case filed in state court to a federal district court. Federal courts have limited jurisdiction, though, and if the removal of a medical malpractice case is improper, it will be remanded back to the state level. Recently, a New York court discussed when it is appropriate to remand a medical malpractice case back to state court in a matter in which it granted the plaintiff’s motion. If you were harmed by inadequate medical care, it is in your best interest to have a discussion with a Rochester medical malpractice lawyer concerning your options for seeking justice.
Procedural History of the Case
It is reported that the decedent lived in the defendant’s nursing home as a resident. In May 2021, she passed away after contracting COVID-19. The plaintiff then filed a case against the defendant asserting medical and nursing malpractice, wrongful death, and numerous other claims. The basis for the plaintiff’s claims was the defendant’s alleged failure to take necessary precautions during the pandemic, which ultimately led to her mother’s death.
Allegedly, the defendant removed the case to federal court, arguing that such removal was appropriate because the defendant acted at the direction of multiple federal agencies when responding to the pandemic and because federal question jurisdiction existed under the PREP (Public Readiness and Emergency Preparedness) Act. The defendant subsequently filed a motion to dismiss. The plaintiff filed a motion to remand the matter to state court. Continue reading