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Medical Malpractice Instruction Warranted in Eighth Amendment Suit

Loaded on Aug. 15, 1997 published in Prison Legal News August, 1997, page 22
Filed under: Medical, Systemic Medical Neglect, Skeletal Injury, Eighth Amendment, Jury Instructions. Location: New York.
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 …

 

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