Judge offers guidance for avoiding federal ‘trap’ in medmal case- Joining a decision from the 6th U.S. Circuit Court of Appeals that affirmed a judgment against two “unwary litigants” who were blindsided by “surprise hurdles” created by a combined operation of the Federally Supported Health Centers Assistance Act.
Data breach class action litigation continues to occupy center stage in the ongoing struggle to secure compensation and redress for legitimate victims of actionable cybersecurity.
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