The doctor's conduct amounted to no more than negligence, since there was no evidence that he recognized the plaintiff's need for an x-ray.
The fact that the doctor was primarily a pediatrician who had been sued five times for malpractice and had his staff privileges revoked at one hospital did not make the county liable for inadequate screening. He had a medical license and experience as a prison and an emergency room physician. There was no evidence of final adjudications on the merits of the malpractice cases. He said he was suspended from the hospital because of "chart delinquency." These facts do not show that it was plainly obvious he would misdiagnose the plaintiff's fracture.
The warden was not liable for failure to supervise because of his failure to present the doctor with written policies concerning medical treatment or his knowledge of incident reports which would have told him only that the plaintiff had fallen and continued to complain of pain. See: Bednar v. County of Schuylkill, 29 F.Supp.2d 250 (E.D.Pa. 1998).
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Related legal case
Bednar v. County of Schuylkill
|Cite||29 F.Supp.2d 250 (E.D.Pa. 1998)|