Many people who serve in the military obtain medical treatment through governmental health systems. Doctors employed by the government are required to comply with the same standard of care imposed on other physicians, and if they do not, they can be held accountable for any harm they cause. A plaintiff alleging a government employee committed medical malpractice is held to a different requirements than those pursuing claims against private workers, however, and if they do not comply with them, their claims may be dismissed. In a recent ruling, a New York court explained the obligations imposed on a person pursuing claims against the government in a case in which the plaintiff alleged losses due to the negligence of her plastic surgeons. If you suffered injuries during a cosmetic procedure, you should speak to a Syracuse plastic surgeon malpractice lawyer to discuss what you must prove to recover damages.
The Plaintiff’s Harm
It is reported that the plaintiff, a former member of the United States armed forces, suffered a back injury in 2009. She was treated at a hospital owned by the defendant government agency for back pain, neck pain, and headaches caused by her injury. Doctors employed by the defendant advised her that if she underwent a breast reduction, it would lessen her symptoms. She ultimately underwent a bilateral breast reduction which was performed by the defendant’s doctors. Following the surgery, she experienced pain, deformities, and significant scarring.
Allegedly, the plaintiff submitted an administrative claim to the defendant, setting forth the basis of her claim and the injuries sustained. She did not, however, indicate that she intended to pursue damages for lack of informed consent. The defendant denied her claim, after which she filed a lawsuit seeking damages for medical malpractice. She then moved to amend her complaint to include a claim for lack of informed consent. Continue reading