A black patient went to a Veterans Affairs hospital where a few surgeries were performed on him, and these surgeries failed. As a result, the patient sued pro se for medical malpractice. Â Pro se is when a client represents himself or herself in a legal proceeding. Also, when the patient went for one of the operations he claimed that the doctor used “profanityâ€ which â€œcreated a hostile environment and violated his civil rightsâ€ as reported by the New York Law Journal in a June 12, 2013 news article.
The lower court dismissed the case without prejudice meaning that the rights of the parties are not waived. However, if a court enters a judgment with prejudice, then the rights of the parties are lost which means that the person cannot come back to court to litigate on the same matter or claim.
The people or entities who were sued in this case were all federal workers thus they are not liable under the Civil Rights Act. Moreover, the court looked to see if any of the patientâ€™s rights were violated under the Constitution and the court did not find any violation. Thus, the court granted the patient a leave where the patient is able to add to his original complaint to further specify what he is suing for under the Federal Torts Claims Act.
We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone elseâ€™s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initialÂ in office consultation or visit our website at www.MyNewYorkCityLawyer.com.