Published by Arfaa Law Group
People who pursue medical treatment are entitled to receive competent care, no matter where their treatment occurs. If the care provided is substandard, they may have grounds to pursue claims against their healthcare providers. While the location of their care does not impact the standard their treatment providers should be held to, it may impact their claims. Specifically, if care provided to people detained in federal facilities is inadequate, under certain circumstances, it may give rise to civil rights claims as well as medical malpractice claims. Generally, such claims are pursued in federal court. If the civil rights claims are subsequently dismissed, the medical malpractice claims may be dismissed as well, as demonstrated in a recent Maryland case. If you experienced harm due to inadequate medical care, it is recommended to consult with a Baltimore medical malpractice lawyer at your earliest convenience to discuss your options.
History of the Case
It is reported that the plaintiff instituted a lawsuit against the defendants, alleging civil rights violations and other claims arising out of the improper diagnosis and treatment for an injury to his right arm and shoulder. The plaintiff claimed that the physician assistant assumed without proper evaluation that his pain was due to a muscle strain and recommended daily exercises and ibuprofen. Despite persistent pain, the plaintiff was only prescribed Tylenol and Gabapentin by a doctor a month later.
The plaintiff alleged that throughout the treatment process, numerous administrative and logistical issues, including lost x-rays and delayed referrals, impeded his treatment. His condition ultimately led to surgery for three torn tendons in January 2017, which was followed by complications, including an infection due to improper postoperative care. The defendants moved to dismiss the plaintiff’s claims. As the defendants attached documents to their motion, the court treated their motion as a motion for summary judgment.
Medical Malpractice Claims Filed in Conjunction with Civil Rights Claims
Ultimately, the court found that the plaintiff’s allegations largely did not present sufficient factual matter to state a plausible claim for relief with regard to the civil rights claims. As such, the court largely ruled in favor of the defendants with regard to the motion for summary judgment, dismissing the plaintiff’s civil rights claims against them, with the exception of one defendant.
Further, the court dismissed any medical malpractice claims arising out of state law that the plaintiff brought against the defendants. In doing so, the court explained that it decided not to retain jurisdiction over these claims after dismissing the federal claim early in the case, following precedents set by prior cases.
Reach Out to an Experienced Maryland Medical Malpractice Lawyer
If you sustained injuries because of your healthcare provider’s mistakes, you could be owed compensation, and you should reach out to an attorney to discuss your potential claims. The experienced Baltimore medical malpractice attorneys at Arfaa Law Group can assess your damages and assist you in pursuing the highest compensation possible. To book a consultation, contact us through our online form or call (410) 889-1850.