While most people choose to hire a competent attorney to represent them in medical malpractice cases, some decide to represent themselves to avoid the cost of attorneys’ fees. Medical malpractice cases are usually intricate, though, and handling them typically requires extensive knowledge and skill. As such, plaintiffs that represent themselves often end up with adverse outcomes, as demonstrated in a recent medical malpractice case in New York in which the pro se plaintiff’s claims were dismissed. If you were hurt by the incompetence of a medical professional, it is advisable to confer with a Syracuse medical malpractice attorney to assess the best manner to proceed in your case.
Background of the Case
It is reported that the plaintiff was treated at the defendant hospital in 2017 and 2018 for breast cancer. She subsequently suffered unspecified harm, after which she filed a medical malpractice case against the defendant in federal court. The plaintiff, who filed the case without the assistance of an attorney, filed a request to proceed in forma pauperis, which was granted. The defendant then filed a motion to dismiss the plaintiff’s case due to a lack of subject matter jurisdiction. The court granted the defendant’s motion but allowed the plaintiff leave to replead her case.
Jurisdiction Over Medical Malpractice Cases
The court explained that under the relevant federal law, an in forma pauperis action should be dismissed if it is frivolous, seeks compensation from a defendant that is immune from such relief, or fails to set forth a claim upon which relief may be granted. Thus, to avoid dismissal, a plaintiff must plead sufficient facts to state a claim for relief that is plausible on its face.