Under Maryland law, people harmed by the negligence of healthcare providers have the right to pursue redress for their losses via medical malpractice claims. Such claims can be pursued independently, but it is not uncommon for parties to assert several causes of action in a single lawsuit. While this is permissible if such cases are pursued in federal court, and the court subsequently dismisses claims arising under federal law, it most likely will decline to exercise jurisdiction over any medical malpractice claims arising under state law. This was demonstrated recently in a case in which the District Court of Maryland declined to exercise supplemental jurisdiction over the plaintiff’s medical malpractice claims. If you suffered harm due to inadequate medical care, it is smart to talk to a Maryland medical malpractice attorney about what steps you can take to protect your interest.
Factual and Procedural Setting
It is reported that the plaintiff, acting pro se, filed a lawsuit against several defendants, asserting the demonstrated deliberate indifference to his medical needs in violation of federal law and committed medical malpractice in violation of state law. Specifically, he claimed that his psychiatric medication was discontinued leading to depression, irrational thoughts, and mood swings, and that the defendants ignored his requests to reinstate the medication.
Allegedly, none of the defendants had been served, but one of the defendants agreed to respond to the complaint without being served. They filed a motion to dismiss the complaint or, alternatively, for summary judgment. The plaintiff opposed the motion and requested permission to serve the other defendants.