Medical malpractice often occurs simultaneously with other wrongs. Thus, a person harmed by incompetent medical care may not only assert medical malpractice claims against their provider but may set forth other claims as well. In many instances, claims accompanying medical malpractice claims arise under federal law and are pursued in federal courts. Federal courts have the right to exercise supplemental jurisdiction over medical malpractice claims and other matters arising under state law. They may opt not to exercise that right in cases in which they dismiss the federal causes of action, though, as shown in a recent New York ruling issued in a medical malpractice case filed in federal court. If you were harmed by incompetent medical care, it is smart to talk to a Syracuse medical malpractice lawyer about your rights.
History of the Case
It is reported that when the plaintiff was confined to a federal facility, he demonstrated and complained of symptoms of obstruction of the bladder and urethra. The medical providers working at the facility failed to heed his complaints, however, disregarding them as drug-seeking efforts. He underwent examination and testing but did not receive any diagnosis or treatment for his symptoms.
Allegedly, following his release, a doctor diagnosed the plaintiff with bladder cancer. As the cancer had metastasized throughout his body, his prognosis was poor. He subsequently filed a lawsuit in the federal district naming the facility and the doctors that provided his care during his confinement as defendants and asserting federal and state law claims. The defendants moved for summary judgment on the federal claims, which the court granted. The court then addressed the issue of the plaintiff’s medical malpractice claims. Continue Reading ›