MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pro se Plaintiff Robert Carroll (“Plaintiff”) commenced this action under the Federal Tort Claims Act (“FTCA”) on November 2, 2021, alleging medical malpractice and negligence in connection with care and treatment that he received at the Albany Stratton Veterans Affairs Medical Center (“VAMC”). See Dkt. No. 1. Plaintiff alleges that Defendant failed, on two occasions in 2015 and 2017, respectively, to diagnose his deep venous thrombosis (“DVT”) which ultimately resulted in “serious and permanent injuries.” Id. at
15-24. Plaintiff seeks “[m]edical expenses, lost wages, pain and suffering, future impairment, and loss of enjoyment of life totaling $4,000,000,” to recover any “[c]osts and fees incurred in this civil action,” and any “additional relief at law or in equity that this Court may deem proper.” Id. at 6. Currently before the Court are Defendant’s motion to dismiss, Plaintiff’s response memorandum of law in opposition, and Defendant’s reply. See Dkt. Nos. 17, 22, 23. For the reasons set forth below, the Court grants Defendant’s motion to dismiss in its entirety and dismisses Plaintiff’s complaint with prejudice. II. BACKGROUND On August 11, 2015, Plaintiff visited VAMC’s Emergency Department complaining of swelling of his right leg. See Dkt. No. 1 at 15. Plaintiff was treated with antibiotics and discharged. See id. Plaintiff returned to the Emergency Department “on or about” March 27, 2017, again complaining of “a history of chronic intermittent right leg swelling.” Id. at 16. Plaintiff was discharged with no further treatment or antibiotics. See id. At his annual physical on November 14, 2017, Plaintiff requested that his primary care doctor, Dr. Piet, “order a test to check for a chronic deep venous thrombosis.” Id. at 21. Dr. Piet then ordered a Duplex ultrasound which was performed on November 27, 2017. See id. at 22. The test showed that Plaintiff had extensive DVT of the right thigh; accordingly, he was started on a year-long course of anticoagulant medication. See id. at 23. On January 23, 2019, Plaintiff underwent a second Duplex ultrasound and on February 19, 2019, Plaintiff was informed that his condition showed no improvement and that, “further anticoagulation [therapy] would not be helpful, and that [the DVT] was permanent.” Id. Plaintiff filed an administrative claim with the Department of Veterans Affairs (“VA”) on January 17, 2021, asserting the VA at the Stratton Veterans Hospital in Albany, New York, had failed “to properly and timely diagnose DVT of the right thigh [which] has resulted in progression of [Plaintiff's] condition to such a degree that it is no longer treatable and has resulted in disfigurement, anxiety, disability and loss of earnings.” Id. at 7. On May 27, 2021, the VA denied his claim stating that, “[their] review concluded there was no negligent or wrongful act on the part of an employee of the [VA] acting within the scope of employment that caused compensable harm.” Id. at 8. Plaintiff then commenced this action on November 2, 2021, asserting “negligence and professional malpractice in connection with medical care provided to Plaintiff by [Defendant].” Id. at 1. Plaintiff further argued that Defendant “failed on both…emergency room visits to order the appropriate tests to determine if [P]laintiff’s signs and symptoms were a result of [DVT] of the right leg,” and in doing so acted “carelessly and negligently” and “not in accordance with good and accepted medical practice.” Id. at
