×
You've used up your 3 free articles for this month. Subscribe today.
Medical Malpractice Instruction Warranted in Eighth Amendment Suit
Loaded on Aug. 15, 1997
published in Prison Legal News
August, 1997, page 22
The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit claiming prison doctors violated his eighth amendment right to ...
Filed under:
Medical,
Systemic Medical Neglect,
Skeletal Injury,
Eighth Amendment,
Jury Instructions.
Location:
New York.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Supreme Court Upholds Kansas Civil Commitment Law, by Dan Pens
- Washington Prison Official Tagged for Fire
- From the Editor, by Paul Wright
- No P.C. for Informants
- Disputed Facts Require Trial in Beating Case
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Washington Prison Food Factory Cooks Up Controversy
- Publications Reviews, by Paul Wright
- Habeas and 1983 Remedy for Disciplinary Hearings Discussed
- Florida Paradox of Prisons, Politics and Profits
- Washington Prison Legislation
- Prisoner's Death Throws Utah DOC into Turmoil
- Kansas Ad Seg Hearing Required
- AA Probation Requirement Violates Establishment Clause
- DC Circuit Creates New Immunity Rule: Supreme Court Grants Review
- Punitive Segregation May Violate Due Process
- District Courts Responsible for PLRA Appeal Fees
- PLRA Filing Fees Don't Apply to Habeas
- PLRA 'Physical Injury' Requirement Affirmed
- Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit
- Fifth Circuit Applies Three Strikes Provision
- PLRA Physical Injury Requirement Defined
- Con Artist Dupes 'America's Toughest Sheriff'
- Un-Happy Meal Provider Pulls Out of Kansas Prisons
- North Carolina Population Limit Modification Affirmed
- Jail Medical Fees Upheld by Fifth Circuit
- Florida Ban on Prisoner Legal Help Struck Down
- Administrative Exhaustion Required for Disc. Habeas
- Florida Supreme Court Strikes Down Gain Time Loss
- Failure to Treat Broken Hand States Claim
- Michigan DOC Held in Contempt in Court Access Case
- No Immunity for Denial of Exercise
- Utah Supreme Court Vacates Damage Reduction in Prison Suit
- Washington Cost Bill PI Vacated
- News in Brief
- Retaliation Verdict Reversed
- Res Judicata No Bar to Damages in Illegal Sentence
- Medical Malpractice Instruction Warranted in Eighth Amendment Suit
- No Private Cause of Action Under BOP Statute
- California Prison Focus
More from these topics:
- Ninth Circuit Affirms Dismissal of Arizona Challenge to Private Prisons, July 15, 2025. Private Prisons, Eighth Amendment, Thirteenth Amendment, rights, Fourteenth Amendment, rights.
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025. Systemic Medical Neglect, Medical Neglect/Malpractice, Children of Prisoners, Parent/Child Privilege.
- Nearly $2.6 Million Paid to Former Minnesota Jail Detainee for Injuries from Delayed Withdrawal Treatment, July 15, 2025. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Deliberate Indifference.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- Seventh Circuit Revives Former Illinois Prisoner’s Claim for Delayed Hepatitis-C Treatment, July 15, 2025. Wexford Health Services, Systemic Medical Neglect, Deliberate Indifference.
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- Washington’s Continuing Competency Crisis Strains Jails, June 1, 2025. Medication, Systemic Medical Neglect, Conditions of Confinement, Failure to Treat (Mental Illness).
- Long-Running Consent Decree Again Extended at Troubled Baltimore Jail, June 1, 2025. Totality of Conditions, Eighth Amendment, Prison Conditions.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- Oklahoma Supreme Court Kills One Jail Death Suit, Threatening Settlement of Another, June 1, 2025. Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice.