After removing a medical malpractice lawsuit to federal court, the U.S. seeks to be replaced as defendant in a mother’s suit alleging she was discharged from the hospital at 39 weeks pregnant despite signs of preeclampsia, resulting in the death of her unborn baby.
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January 27, 2021 On Tuesday, a decision was issued in the case brought by a doctor against the United States. The opinion, rendered by the Second Circuit, resolves a question regarding whether the plaintiff’s actions received immunity under the Federally Supported Health Centers Assistance Act. The case also dealt with the notice requirements involved with the removal of a case to federal court.
According to the opinion, Dr. Razmzan was employed as a doctor in a Federally Supported Health Center in New York. As a part of his employment contract, Dr. Razmzan was required to not bill any services that he performed at the clinic in lieu of a direct salary. However, he was required and permitted to bill any inpatient services that he provided for the clinic’s patients in lieu of a higher salary. After being sued for malpractice involving an inpatient treatment, Dr. Razmzan removed the case to federal court and sought to dismiss the case under the Federal Tor