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Denial of HIV/AIDS Treatment Upheld
At 448:
A medical need is serious if it is one that has been diagnosed by a physician as mandating treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.... The serious medical need element contemplates a condition of urgency, in that if delayed or denied it may produce death, degeneration, or extreme pain.
The plaintiff was kept in jail and got essentially no HIV treatment. The court rules against him because the suit alleges deprivation of mental health care and it does not appear he asked for it very clearly. The claim of violation of privacy concerning plaintiff's HIV status is rejected on the facts. See: Hetzel v. Swartz, 31 F.Supp.2d 444 (M.D.Pa. 1998).
A medical need is serious if it is one that has been diagnosed by a physician as mandating treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.... The serious medical need element contemplates a condition of urgency, in that if delayed or denied it may produce death, degeneration, or extreme pain.
The plaintiff was kept in jail and got essentially no HIV treatment. The court rules against him because the suit alleges deprivation of mental health care and it does not appear he asked for it very clearly. The claim of violation of privacy concerning plaintiff's HIV status is rejected on the facts. See: Hetzel v. Swartz, 31 F.Supp.2d 444 (M.D.Pa. 1998).
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Related legal case
Hetzel v. Swartz
| Year | 1998 |
|---|---|
| Cite | 31 F.Supp.2d 444 (M.D.Pa. 1998) |
| Level | District Court |
| Injunction Status | N/A |