Maryland’s federal court typically lacks original jurisdiction over medical malpractice matters. However, the court may exercise supplemental jurisdiction over these claims when they are part of the same case or controversy as claims that do fall within the court’s original jurisdiction. If the claims providing the original jurisdiction are dismissed, though, the federal court will often decline to retain supplemental jurisdiction over the medical malpractice claims, resulting in their dismissal as well. This was demonstrated in a recent Maryland medical malpractice case in which the court dismissed both the constitutional and state law claims asserted by the plaintiff. If you were harmed by a doctor employed by the federal government, you should talk to a Maryland medical malpractice attorney about what claims you may be able to pursue.
The Factual and Procedural History of the Case
It is alleged that the plaintiff, who was housed in a federal facility, experienced chest pains and was sent to the medical unit. Despite a history of heart problems, the defendant, a nurse, allegedly refused to provide an EKG or any treatment, violating established protocol. The plaintiff submitted an administrative remedy request, leading to an investigation confirming the nurse’s failure to follow protocol. The defendant presented the plaintiff’s medical records, showing a history of chest pain evaluations, consultations with specialists, and a recent visit where his vital signs were normal.
It is reported that the plaintiff filed a lawsuit alleging that the defendant’s neglectful actions violated his constitutional rights and amounted to medical malpractice. The defendant moved to dismiss the plaintiff’s complaint via summary judgment, arguing the plaintiff failed to offer sufficient evidence in support of his claims. Continue Reading ›