Earlier this month, a federal medical malpractice lawsuit was thrown out by a federal district judge after he determined that the regulation the injury victim pointed to when arguing the defendant was negligent did not apply in the specific case. According to a local news report, the medical malpractice case arose out of a 2012 elective surgery at Mount Nittany Medical Center in Williamsport, Pennsylvania.
Evidently, the victim of the alleged medical malpractice brought his claims
under the authority of the Emergency Medical Treatment and Active Labor
Act (EMTALA), which is an Act of Congress passed in 1986 that requires
all hospitals to provide emergency medical treatment, regardless of the
patient’s ability to pay. It applies federal law and is applicable
in all 50 states. Claims arising under EMTALA can be brought in federal
court, rather than most other medical malpractice cases that are generally
brought in state court.
The plaintiff alleged that when he was admitted to the hospital back on
July 19, 2012 for an elective cervical spine surgery, he suffered a preventable
injury to his esophagus. After the injury, the lawsuit alleges, there
were no arrangements to move him to a facility where he could receive
the care he needed. Furthermore, the plaintiff claimed that he was not
properly stabilized before being transferred to Penn State Hershey Medical
Center, where he was ultimately treated on July 26, 2012.
The Judge’s Ruling: Bring the Case in State Court
The judge overseeing the case determined that the underlying medical condition
did not fit within the definition of an “emergency” because
it stemmed from an elective procedure. Therefore, EMTALA did not apply
and neither did federal law. The judge held that the federal judiciary
did not have jurisdiction to hear the case and suggested the plaintiff
bring the case in a state court under traditional theories of negligence
and medical malpractice.
Medical Malpractice Cases in State and Federal Court
The state and federal court systems are separate from each other. Generally
speaking, most personal injury and medical malpractice claims can all
be brought in the state where the injury occurred. Additionally, the cause
of action may also be able to be brought where either the plaintiff or
the defendant lives. However, these general rules are subject to major
exceptions.
Federal cases, however, must generally meet different requirements. One way to get a case into federal court is to file the lawsuit under a federal law, as the plaintiff in this case attempted to do. However, doing so runs the risk that the case will get dismissed. To learn more about how to chose a forum for a medical malpractice case, contact a dedicated Maryland personal injury attorney to discuss your case.
Have You Been Injured by an Instance of Medical Malpractice?
If you or a loved one has recently been involved in a serious medical
malpractice incident, you may be entitled to monetary compensation for
all that you have been put through. However, as you can see from the case
above, there are myriad procedural rules that must be strictly adhered
to, or a case runs the risk of being dismissed. To learn more, call (410) 567-0800
to set up a free consultation with a dedicated Maryland
medical malpractice attorney at the law firm of Wais, Vogelstein, Forman & Offutt.