Published by Arfaa Law Group
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.
Immunity for Medical Malpractice Claims Under the Federal Tort Claims Act
Upon review, the court noted that sovereign immunity generally protects the United States from lawsuits unless there is an explicit waiver. Under the FTCA, such a waiver exists only if the plaintiff first files an administrative claim with the relevant federal agency, which the plaintiff failed to do.
The court reviewed the declaration of a Senior Attorney from the U.S. Department of Health and Human Services, confirming that no such administrative claim was filed by the plaintiff. As the plaintiff did not contest this evidence or respond to the motion, the court found that it lacked jurisdiction over the case due to the plaintiff’s failure to exhaust administrative remedies.
Additionally, the court found that the plaintiff failed to serve the individual defendants within the required timeframe under federal and state rules. As a result, the court granted the United States’ motion to dismiss the case without prejudice.
Consult a Skilled Maryland Attorney
When healthcare providers fail to uphold the standard of care, their negligence can lead to severe harm to patients, often amounting to medical malpractice. If you have suffered due to a doctor’s careless actions, it is important to consult with an attorney who can guide you on potential compensation avenues. The skilled Baltimore medical malpractice attorneys at Arfaa Law Group are here to evaluate your situation and provide insight into the legal options available to you. Contact us through our website or by calling (410) 889-1850 to schedule a consultation.