Justia Medical Malpractice Opinion Summaries

Articles Posted in US Court of Appeals for the Second Circuit
After defendant was sued for medical malpractice in state court, he removed the case to federal court and moved to substitute the United States as defendant. Defendant claimed that the alleged malpractice occurred within the scope of his employment at a federally deemed community health center, entitling him to immunity and the substitution of the United States as the defendant under the Federally Supported Health Centers Assistance Act (FSHCAA). The district court concluded that some of the alleged malpractice occurred outside the scope of defendant's employment because he had billed for some of his services privately, in contravention of the Federal Tort Claims Act Health Center Policy Manual. Therefore, the district court concluded that defendant was not covered by the FSHCAA implementing regulation. The district court denied substitution of the United States as to that conduct, remanding the case in part to state court. The government argues that the Second Circuit lacks jurisdiction to entertain this appeal because defendant appealed from an unreviewable remand order.The Second Circuit held that, pursuant to 28 U.S.C. 1447(d), remand orders are unreviewable except in cases that were originally removed under 28 U.S.C. 1442 or 1443. The court concluded that, because defendant removed this case under section 1442, the court is not barred from reviewing the district court's remand order. On the merits, the court concluded that defendant was acting within the scope of his employment under the relevant law—New York law—for the acts for which he billed privately. Therefore, the FTCA Manual is not entitled to deference to the extent that it provides otherwise. Accordingly, the court reversed and remanded for further proceedings. View "Razmzan v. United States" on Justia Law