People who lose loved ones due to ineffectual medical care have the right to pursue medical malpractice and wrongful death claims against the providers responsible for their losses. In doing so, however, they must comply with any applicable procedural rules or laws; otherwise, their claims may be dismissed. This was illustrated in a recent opinion issued in a New York medical malpractice case in which the court dismissed the plaintiff\u2019s case due to her failure to exhaust her administrative remedies. If you lost a loved one due to medical malpractice, it is smart to meet with a Syracuse medical malpractice attorney about your possible causes of action.<\/p>\n
History of the Case<\/strong><\/p>\n It is reported that the plaintiff filed a lawsuit against the defendants, a group of 29 medical professionals and entities, in a New York state court. She asserted that the defendants negligently caused her husband\u2019s death and, therefore that they were liable for malpractice. The defendants subsequently filed a notice of removal, transferring the case to federal court. They then filed motions to substitute the United States as the defendant, as the named defendants were a federally funded facility and its employees, and to dismiss the plaintiff\u2019s claims on the grounds that the plaintiff failed to exhaust her administrative remedies.<\/p>\n