In New York, a plaintiff who wishes to seek damages in a civil lawsuit may file claims in either state or federal court. Generally, a plaintiff will rely on the advice of an attorney in determining where a case should be filed and what facts and claims should be alleged in the initial pleading. When plaintiffs choose to represent themselves, though, they often lack the knowledge necessary to accurately determine the proper procedure, which can result in a dismissal of their claims regardless of the strength of their evidence. This was demonstrated in a recent case alleging ophthalmology malpractice, in which the court noted the plaintiff had set forth claims that elicited great sympathy but dismissed the plaintiff’s case regardless due to lack of jurisdiction. If you sustained injuries or loss of vision due to the careless acts of an eye doctor, you should engage a diligent ophthalmology malpractice attorney to assist you in your pursuit of damages.
Facts and Procedural History
It is reported that the plaintiff was treated with the defendant eye doctor for complaints of eye pain and vision disturbances. Throughout the course of his care, the plaintiff underwent a surgical procedure and over fifteen hundred laser shots. The plaintiff ultimately suffered a complete loss of vision in one eye and a substantial loss of vision in the other eye, which he alleged was due to harm to his retinas caused by the shots. He then filed a lawsuit against the defendant in federal court without the assistance of counsel.
Allegedly, in response to an order from the court, the plaintiff filed an amended complaint. The court reviewed the amended complaint, and upon finding that it lacked subject matter jurisdiction over the case, asked the plaintiff to show why the matter should not be dismissed. In the plaintiff’s response, he primarily restated his prior claims. Thus, the court dismissed the case.