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NJ Prisoner’s Tuberculosis Suit Dismissed
NJ Prisoner's Tuberculosis Suit Dismissed
The plaintiff tested positive for tuberculosis while incarcerated; he was given INH, which caused some liver problems.
The defendants were not deliberately indifferent in not doing TB testing every six months rather than yearly and in giving him INH. In both cases they were following standard medical practice.
A pro se prisoner is inadequate to represent the interests of other prisoners in a class action.
At 290: "Active tuberculosis is surely a 'serious medical need,' ... and even the latent presence of the tuberculosis bacterium, as shown in a positive Mantoux test, is a condition which must be treated with the utmost care and caution. As a general rule, it is not required that latent health problems blossom into full fledged disease before being considered serious."
At 290: "Prescribing medication that may have side effects does not amount to 'deliberate indifference' to serious medical needs as is necessary to support a claim under Estelle. ... What is required is that prison officials be mindful of side effects and take reasonable steps to avoid serious harm." See: Maldonado v. Terhune, 28 F.Supp.2d 284 (D.N.J. 1998).
The plaintiff tested positive for tuberculosis while incarcerated; he was given INH, which caused some liver problems.
The defendants were not deliberately indifferent in not doing TB testing every six months rather than yearly and in giving him INH. In both cases they were following standard medical practice.
A pro se prisoner is inadequate to represent the interests of other prisoners in a class action.
At 290: "Active tuberculosis is surely a 'serious medical need,' ... and even the latent presence of the tuberculosis bacterium, as shown in a positive Mantoux test, is a condition which must be treated with the utmost care and caution. As a general rule, it is not required that latent health problems blossom into full fledged disease before being considered serious."
At 290: "Prescribing medication that may have side effects does not amount to 'deliberate indifference' to serious medical needs as is necessary to support a claim under Estelle. ... What is required is that prison officials be mindful of side effects and take reasonable steps to avoid serious harm." See: Maldonado v. Terhune, 28 F.Supp.2d 284 (D.N.J. 1998).
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Related legal case
Maldonado v. Terhune
| Year | 1998 |
|---|---|
| Cite | 28 F.Supp.2d 284 (D.N.J. 1998) |
| Level | District Court |
| Injunction Status | N/A |