Rob Rausch recently obtained a Decision dismissing a medical malpractice claim…for the third time. The plaintiff alleged that a hospital was negligent in providing post-surgical care. He initially commenced an action in federal court, alleging violations of constitutional rights and deprivation of medical needs. Rob was successful in moving to dismiss those claims. When the plaintiff moved to reopen the case in federal court, Rob opposed, and the court reaffirmed the dismissal. The plaintiff then commenced a new action in state court, alleging medical malpractice, among other issues. Rob immediately moved to dismiss that action and raised arguments of the statute of limitations, improper service, failure to state a cause of action, and “res judicata” (the issue was already decided). The Court agreed and granted the motion in its entirety, dismissing this action as well.