Jan 30th, 2024

FKB’s Tracy S. Katz, Susan M. Thomas And Daniel Mancini Obtain Dismissal Of A Federal Court Action Alleging Medical Malpractice And Violation Of Constitutional Rights

FKB’s Tracy S. Katz, Susan M. Thomas and Daniel Mancini obtain dismissal of a federal court action alleging medical malpractice and violation of constitutional rights asserted against FKB’s client, a radiology technician.  FKB represented a radiology technician who was working at the Manhattan Correctional Center.   Plaintiff argued that our insured violated his constitutional rights by filing a false misbehavior report against him and also negligently rendered radiology services.   FKB successfully argued that the cause of action for violation of plaintiff’s constitutional rights could not be maintained legally against our client, since she was not an agent of the US Government.   FKB also argued that there was no plausible claim for medical malpractice and the complaint was time barred.  The Court agreed with FKB’s arguments and dismissed this action in its entirety.