It is well-established that people harmed by medical malpractice have the right to seek compensation from the parties responsible for their injuries. While it is not required for a plaintiff in a medical malpractice case to be represented by an attorney, it is prudent, as most people outside of the legal arena do not understand the requirements imposed by procedural rules and are likely to make mistakes that can adversely impact their claims. This was illustrated in a recent ruling in which a New York court dismissed a plaintiff’s claims seeking damages for medical malpractice due to lack of jurisdiction over the matter. If you were hurt by negligent medical care, you could be owed damages, and you should engage the services of a Syracuse medical malpractice lawyer to aid you in pursuing your claims.
Procedural History of the Case
It is reported that the plaintiff filed a lawsuit in federal court against the state, asserting numerous claims, including medical malpractice. She filed the complaint without the assistance of an attorney. The precise nature of the medical treatment she received and the harm that arose from such care was not disclosed in the court’s opinion. She moved to proceed in forma pauperis; as such, the court conducted its two-part analysis, first determining if she qualified for in forma pauperis status and then screening her complaint to evaluate if it was within the court’s jurisdiction.
It is alleged that while the court granted her motion to proceed in forma pauperis, it found that the complaint did not provide grounds for federal jurisdiction. It provided the plaintiff leave to amend her complaint, which she did. The court determined her amended complaint to be devoid of grounds for jurisdiction as well and subsequently dismissed her claims. Continue reading