Medical malpractice claims are generally more complex than other matters, and those asserted against employees of the federal government are especially complicated. Thus, plaintiffs pursuing medical negligence cases against federally employed defendants must take special care to follow proper procedures; otherwise, their claims may be terminated. This was demonstrated in a recent Maryland ruling, in which a pro se plaintiff’s claims against a doctor were dismissed due to his failure to abide by state and federal law in filing his lawsuit. If you were injured by the incompetence of a health care provider, it is advisable to meet with a practiced Maryland medical malpractice attorney to assess your rights.
The Plaintiff’s Claims
It is alleged that the plaintiff, who was in a federal facility, received inadequate medical care from the defendant doctors who worked at the facility despite his repeated requests. He filed numerous claims against the defendants in a federal lawsuit, including medical malpractice claims. The defendants filed a motion to dismiss, or in the alternative, a motion for summary judgment. The plaintiff sought and received an extension but ultimately failed to file a response to the motion. The court, upon reviewing the pleadings, found in favor of the defendants and dismissed the plaintiff’s claims.
Medical Malpractice Claims Against Agents of the Federal Government
The court explained that, with regards to suits against the federal government, the United States is protected from liability via the doctrine of sovereign immunity, except where it has explicitly waived its immunity to suit. The Federal Tort Claims Act (FTCA) expressly waives the sovereign immunity of the United States for specific torts committed by its employees. Continue Reading