It is not uncommon for people to receive medical care from federally funded facilities. If the treatment rendered at such facilities hurts rather than helps patients, they may be able to pursue medical malpractice claims. Claims against the federal government can be complicated, however, as people pursuing such claims must abide by any applicable procedural rules, and if they fail to do so, their claims may be dismissed, as discussed in a recent Maryland ruling. If you were harmed by incompetent medical care, it is important to understand your rights, and you should talk to a Baltimore medical malpractice attorney promptly.
Factual and Procedural History
It is reported that the plaintiff, a patient who received treatment for suicidal ideation, initiated a lawsuit against a medical services provider and two of its employees who were responsible for his care. The plaintiff alleged that one employee failed to follow up with him as promised, and the other employee informed him that only one medication would be prescribed, and if it did not work, no further assistance would be provided. The plaintiff claimed that these failures in his medical care directly caused him continued suffering and self-harm, amounting to medical malpractice.
Allegedly, the defendants subsequently removed the case to federal court, as the medical services provider was deemed an employee of the Public Health Service (PHS) under the Federal Tort Claims Act (FTCA). The court ordered that the United States be substituted as a defendant for the medical services provider, given its status as a PHS employee acting within the scope of its employment. The plaintiff, however, did not effectuate service on the two individual employees, either before or after the case was moved to federal court. The United States filed a motion to dismiss the case, arguing that the court lacked subject matter jurisdiction due to sovereign immunity under the FTCA and that the plaintiff failed to properly serve the individual defendants.