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.
Pursuing Medical Malpractice Claims in New York
In New York, the key elements of a medical malpractice claim are a deviation from the good and accepted practice of medicine and evidence demonstrating that such a deviation was a proximate cause of the plaintiff’s harm. In the subject case, the court explained that the plaintiff’s amended complaint failed to suggest that the care offered by the defendant departed from accepted medical practices. The court elaborated that the gist of the amended complaint was that the defendant unnecessarily subjected the plaintiff to radiation and failed to inspect his testicle.
The amended complaint was devoid of allegations that would suggest that the defendant breached the applicable standard of care in administering tests to the plaintiff or that the care provided to the plaintiff deviated from the accepted practice of medicine or caused the plaintiff to suffer harm. Thus, the court dismissed the plaintiff’s claims.
Meet with a Trusted Rochester Attorney
Some people are reluctant to obtain legal counsel to represent them in medical malpractice cases, but proceeding without an attorney can often have negative consequences. If you were hurt by negligent medical care, you should meet with an attorney as soon as possible. The trusted Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you as to what claims you may be able to pursue and help you to seek the best possible outcome in consideration of the facts of your case. You can reach us via our form online or at 585-653-7343 to set up a meeting.