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Appellate Court Holds Louisiana Prisoner’s Medical Malpractice Claim May Proceed
Loaded on Nov. 4, 2019
by David M. Reutter
published in Prison Legal News
November, 2019, page 26
Filed under:
Malpractice.
Location:
Louisiana.
by David M. Reutter
Louisiana’s First Circuit Court of Appeal held on May 23, 2019 that a prisoner who filed grievances and a lawsuit concerning his medical treatment “exercised reasonable diligence to the best of his ability to determine if something was wrong with him.” Under the circumstances …
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More from this issue:
- News in Brief
- NBC Sends Anchorman Lester Holt to Prison as Part of its “Justice for All” Series, by Chad Marks
- The Cost of Prison Censorship: Florida Taxpayers to Pay $1.2 Million in HRDC Case
- $8,500 Settlement in Allegheny County Jail Sexual Harassment Suit, by David M. Reutter
- $860,000 Settlement in Suit Over Michigan Female Prisoner’s Suicide, by David M. Reutter
- Organization Connected to Missouri Prison Director Gets No-Bid Contract, by Scott Grammer
- Federal Prisoner Challenges Constitutionality of Death Penalty; Gets Plea Deal for Life Without Parole, by Matthew Clarke
- Court Orders Changes to Alabama Prison System After 15 Suicides; Feds Threaten Suit, by Scott Grammer
- Department of Justice Report Shows Small Decrease in U.S. Prison Population, by Scott Grammer
- Compassionate Releases Needed for an Aging Prisoner Population, by Edward Lyon
- Florida Supreme Court Issues Death Penalty Rulings, by Edward Lyon
- Washington State Settles Suit Over 15-Hour-a-Day Lockdown of Mentally Ill Prisoners, by Matthew Clarke
- South Carolina: Lawsuit Alleges Medical Staff, Guards Negligent in Baby’s Death, by Bill Barton
- Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System, by Alec Karakatsanis, by Sam Feldman
- Arizona Court Grants Partial Summary Judgment to PLN in Censorship Suit, by Matthew Clarke
- Study Finds that War on Drugs Kept Black Men from Higher Education, by Scott Grammer
- Maryland: Parole Changes Needed for Life-Sentenced Prisoners, by Chad Marks
- Man Mistakenly Released 13 Years Ago Won’t Have to Return to Prison, by Douglas Ankney
- Allegheny County Settles Three Lawsuits Over Medical Care at County Jail, by Dale Chappell
- West Virginia Regional Jails Entitled to Sovereign Immunity, by David M. Reutter
- Seventh Circuit: Failure to Provide Medical Accommodation is Deliberate Indifference, by Kevin Bliss
- Three Deaths in Three Days at Illinois Prison Spur Calls for Greater Transparency, by Chad Marks
- Missouri Sheriff Tells Judge that County Won’t Pay for Prisoners’ Food, Medical Care, by Bill Barton
- No Fourth Amendment Violation for Abusive Group Strip Search of Female Prisoners, by Edward Lyon
- Pattern of Abuse and Mismanagement at North Carolina Jail, by David M. Reutter
- $3.1 Million Settlement for Washington Jail Detainee’s Death, by Douglas Ankney
- Seventh Circuit: Non-Medical Prison Staff Entitled to Qualified Immunity, by Douglas Ankney
- New Jersey: Appellate Court Shoots Down $7.5 Million Verdict in Prison Whistleblower Case, by Chad Marks
- Nevada Supreme Court Reverses Dismissal of Prisoner’s Native American Religion Suit, by Matthew Clarke
- Why Not Let Prisoners Vote While Incarcerated?, by Bill Barton
- Ex-Offenders Work for Organization that Repairs and Sells Vehicles at Low Cost, by Douglas Ankney
- Court Declines to Seal Records in Michigan Prisoner’s Excessive Force Case, by David M. Reutter
- New York: Prisoners Have No Expectation to Privacy During Jail Phone Calls, by Chad Marks
- Missouri Jury Awards $113.7 Million to Prison Guards Required to Work Without Pay, by Matthew Clarke
- Muslim Civil Rights Group Files Discrimination Suit Over Virginia Jail’s “God Pod”, by Matthew Clarke
- Whistleblower Lawsuit Exposes Violence, Cover-ups at Rikers Island Jail, by Dale Chappell
- Prison’s Refusal to Allow Wiccan Services Must be Reviewed for Compelling Governmental Interest, by Kevin Bliss
- Conditions Lawsuit Against Indiana County Jail Certified as a Class Action, by Kevin Bliss
- Fifth Circuit Terminates Consent Decree for Muslim Services in Texas Prisons, by Matthew Clarke
- Oregon Prisoner’s Use of Another Prisoner’s Phone PIN Constitutes Identity Theft, by Mark Wilson
- Sex Offenders Excluded from Florida Shelters During Hurricane, by David M. Reutter
- Pennsylvania’s Buck County Liable for Illegally Disclosing Criminal Records, by David M. Reutter
- Alaska Supreme Court Rules Against Muslim Prisoner on Correspondence Ban, by Edward Lyon
- Judge Orders Federal Prisoner with Cancer Released Due to Poor Medical Care, by Matthew Clarke
- Eleventh Circuit: Tasing of Inert Detainee is Excessive Force, by David M. Reutter
- Appellate Court Holds Louisiana Prisoner’s Medical Malpractice Claim May Proceed, by David M. Reutter
- How High-Priced Drugs Cripple Prison Health Care – and Reform, by Priti Krishtel
- HRDC Lawsuit Proceeds Over Care Provided to Florida Prisoner Who Starved to Death, by David M. Reutter
- Victim Notification Law Plagues Alabama’s Parole System, by Kevin Bliss
- Louisiana Enters into Subscription Model Contract for HCV Treatment, by David M. Reutter
- Washington DOC Medical Director Fired for Negligence, by Dale Chappell
- Louisiana Prison Industry Program Puts Profits Before Prisoners, by Kevin Bliss
- Virginia Death Row Conditions Subjected Prisoners to Risk of Harm, by David M. Reutter
- U.S. Department of Justice Plans to Ramp up Federal Death Penalty, by Chad Marks
- Behind Bars, Co-Pays Are a Barrier to Basic Health Care, by Victoria Law
- Oregon Transgender Prisoner Must be Housed Alone or with Other Transgender or NonCisgender Prisoners, by Mark Wilson
- Alabama Prisoners Bring Awareness of Abusive Conditions Through Hunger Strikes, by Kevin Bliss
- From the Editor, by Paul Wright
- Beyond Estelle: Medical Rights for Incarcerated Patients, by Greg Dober
More from David M. Reutter:
- Hawai’i Supreme Court Announces Totality-of-the-Circumstances Good-Cause Standard Governing State Motions to Continue Based on Witness Unavailability, Aug. 1, 2026
- Pennsylvania Supreme Court Announces Theft by Deception Is Not Continuing Offense While Receiving Stolen Property Continues Only Until Defendant Disposes of Stolen Property, Aug. 1, 2026
- Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026
- Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026
- Louisiana Supreme Court Declares Unconstitutional Statute Stripping Courts of Authority to Order Payment of Indigent Defense Expert Funds, Holding the Law Infringes on Judiciary’s Constitutionally Granted Jurisdiction Over Felony Cases, July 1, 2026
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026
- Supreme Court of Maryland Holds Officer Lacked Reasonable Suspicion for Traffic Stop Based on Acquaintance’s Tip Reporting Innocent Conduct, Reaffirming That “High-Crime Area” Testimony Must Be Particularized, July 1, 2026
- Oregon Supreme Court Announces Witness Competency Under OEC 601 Depends on General Capacity to Be a Witness, Not Ability to Recall a Specific Fact, July 1, 2026
- Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, June 1, 2026
More from these topics:
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- Soaring Medical Costs in Washington Jails, Jan. 1, 2026. Private Contractors, Medical Expenses, Malpractice, Jail Specific, Contractor Liability.
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Misdiagnosis, Failure to Treat, Malpractice, Medical Neglect/Malpractice, Public Records Act, HRDC Publications, HRDC Litigation.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, Aug. 1, 2025. Cancer, Failure to Treat, Malpractice.
- DOJ Finds “Horrific” Unconstitutional Conditions at Atlanta Jail, April 1, 2025. Misconduct/Corruption, Malpractice, Conditions of Confinement.
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025. Wexford Health Services, Systemic Medical Neglect, Malpractice, Settlements, Medical Neglect/Malpractice.
- $9.9 Million Paid to Washington Prisoner Whose Misdiagnosed Cancer Is Now Terminal, Feb. 15, 2025. Systemic Medical Neglect, Cancer, Malpractice, Settlements.
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025. Malpractice, Staffing, Loss of License.
- Oregon DOC Investigation Puts Top Medical Officials on Leave, Feb. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Mental Health, Official Investigation.

