Within the confines of the applicable rules, people harmed by medical malpractice have the right to choose where to pursue claims against the health care providers that caused their harm. In many instances, it is preferable for a plaintiff to file a medical malpractice lawsuit in federal court for a variety of reasons. In some cases, though, a defendant can remove the case to federal court, even if the plaintiff wants it to remain in state court. Defendants must prove certain criteria to show a removal to federal court is proper, however, and if they do not, their cases will be remanded back to state court. This was demonstrated in a recent surgical malpractice matter, in which the court ruled that the defendants failed to show the removal was proper. If you were hurt by an incompetent surgeon, you may be able to recover compensation, and it is prudent to speak to a knowledgeable Syracuse surgical malpractice lawyer as soon as possible.
History of the Case
It is reported that the plaintiffs filed a medical malpractice action against the defendant corporations and physicians, alleging medical malpractice and other claims arising out of harm suffered following a surgical procedure. The complaint was filed in State court and alleged that the defendants and plaintiffs were all residents of New York. The defendants then filed a notice of removal on the grounds of diversity jurisdiction.
Allegedly, the defendants argued, in part, that some of the defendants had been improperly joined in order to destroy diversity jurisdiction and that there was complete diversity between the parties that were properly joined. The plaintiff filed a motion, asserting that the case could not be removed when one of the defendants was a resident of the forum state.