Personal Injury Law

Medical Malpractice Lawsuit Returned to State Court

By Steven M. Levin and John J. Perconti

A medical malpractice lawsuit that was recently moved from state court to federal court has been sent back down to state court after federal review. The U.S. Attorney?s Office asked that the federal government be involved because one of the doctors was an employee of a network who received federal funds. The U.S. Attorney?s Office argued that employees are considered federal government employees for coverage under the Federal Tort Claims Act. The US District Court Judge substituted the federal government for the county and then dismissed the federal government for the plaintiff?s failure to file and administrative claim. This allowed him to remand the case back to the county because the federal government was no longer a defendant. The medical malpractice lawsuit alleges that the patient went in for a knee replacement and came out with a fever and digestion problems. He developed liver failure and respiratory problems and is alleging that the doctors failed to assess his condition or properly treat him. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on September 24, 2008 (boomark / email).