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Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals remanded a civil rights action that claimed a prison doctor’s care was deliberately indifferent to an ex-Illinois prisoner’s serious medical needs. The Court, however, affirmed dismissal as …
Article • April 15, 2010 • from PLN April, 2010
Washington DOC Agrees to Settle Inadequate Medical Care Suit for $55,000 by The State of Washington has agreed to settle a prisoner suit alleging deliberately indifferent medical care. The suit, filed in 2006, took almost two years to resolve. Richard Hibdon sued the Stafford Creek Corrections Center, a Washington Department …
Article • March 15, 2010 • from PLN March, 2010
Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State by Jimmy Franks In 2007, Kimme Putman, a Washington state resident, filed suit against the Wenatchee Valley Medical Center and a number of its employees. Putnam’s lawsuit alleged negligence by medical personnel when they failed to properly diagnose her …
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care by Los Angeles County has agreed to pay $900,000 to a prisoner who lost his foot after staff at the Los Angeles County Sheriff’s Department (LASD) in California delayed processing a culture test that later …
Article • December 15, 2009
One Day Delay in X-Ray of Broken Jaw Not Deliberate Indifference by The Eighth Circuit Court of Appeals held that a jail nurse’s one-day delay in having a prisoner’s broken jaw x-rayed was not deliberate indifference of a serious medical need. The ruling came in the appeal of Philander Jenkins, …
Brief • November 12, 2009
Slingluff v. State of Hawaii, Findings of Fact/Conclusions of Law, Medical Malpractice Leaves Prisoner Impotent, 2009
Brief • November 12, 2009
Slingluff v. State of Hawaii, Final Judgment, Medical Malpractice Leaves Prisoner Impotent, 2009
Devoe v. Broaddus, CO, Second Amended Complaint, Medical Negligence, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00711-PAB-BNB DEBRA KAY DEVOE, Plaintiff, vs. MARK BROADDUS in his Individual Capacity as Warden, SUSAN ROBERTS in her Individual Capacity as CNM, NP, JENNIFER COUNTRYMAN-TRUJILLO, in …
Article • September 15, 2009
Deliberate Indifference Suit Gets Mixed Ruling on Appeal by On November 24, 2008, the Ninth Circuit U.S. Court of Appeals delivered a mixed ruling in an appeal involving Washington state prisoner, Samuel D. Martin. The appeal arose following a district court's sua sponte dismissal of Martin's § 1983 claim against …
Article • September 15, 2009
$15,000 Settlement for Seattle Jail Work Injury by Washington State’s King County paid $14,928.70 to settle the lawsuit of Bonni Estes, who alleged damages from an incident at the Kent Regional Justice Center on March 7, 2002. That day she was working in the Center’s bakery, assisting another prisoner in …
Alaska Prisoners May Assert Third-Party Beneficiary Claim Against Contract Medical Provider by Alaska prisoners may bring a third-party breach of contract claim against contract medical providers for medical negligence, the U.S. Court of Appeals for the Ninth Circuit decided August 28, 2007. Joseph Miller, an Alaska prisoner, sued Corrections Corporation …
Bearden v. Lippman, FL, Medical Interrogatories, 2009 Medical Interrogatories to Doctor 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. Describe in detail your relationship with The …
Publication • 2009
Filed under: Medical, Malpractice
Legal Issues re the Provisioning of Carein a Correctional Setting Charles Scott 2009 CHAPTER 3 Legal Issues Regarding the Provision of Care in a Correctional Setting Charles L. Scott, M.D. For nearly two centuries in the United States, inmates’ legal rights were significantly limited during their incarceration, with the government …
Bivens Action Unavailable Against Federal Private Prison Employees by The U.S. Court of Appeals for the Eleventh Circuit held that a federal prisoner incarcerated at a privately operated prison may not pursue a Bivens action against private prison employees for violating his Eighth Amendment rights. Luis Francisco Alba, a federal …
Brief • May 11, 2009
Coats v. Fox, CA, Complaint, failure to treat hep c, 2009 Case 2:09-cv-01300-CMK Document 1 Filed 05/11/09 Page 10 of 53 Case 2:09-cv-01300-CMK Document 1 Filed 05/11/09 Page 13 of 53 Case 2:09-cv-01300-CMK Document 1 Filed 05/11/09 Page 16 of 53 Case 2:09-cv-01300-CMK Document 1 Filed 05/11/09 Page 18 of …
$45,000 Settlement For Refusal To Reset Federal Prisoner's Broken Wrist by Kansas federal prisoner Arthur Mitchell brought a federal tort action against the United States in 2001 after prison physicians refused to correct the misalignment of his broken wrist. The suit settled for $45,000. Mitchell was incarcerated at the Federal …
$250,000 Settlement After Federal Prisoner Dies From Undiagnosed Heart Attack by Georgia State resident Janie Federick, administrator of deceased federal prisoner Ronnie Ruff's estate, and Ruff's family, brought a federal tort action against the United States in 2002. Federick alleged that a lack of standard medical care proximately resulted in …
$500,000 Settlement After BOP Failed To Diagnose Employee's Tumor by Minnesota Bureau of Prisons (BOP) employee Ruth Sonnek brought a federal tort action against the United States in 2000 after BOP medical examiners failed to diagnose and treat her for a tumor. Their pre employment x ray clearly showed that …
Article • February 15, 2009 • from PLN February, 2009
Former California Prison Doctor Admits Negligence, Gets Probation; CDCR Medical Care Issues Still Unresolved by John Dannenberg by John E. Dannenberg Dr. Bonifacio Esperanza, a physician formerly employed by the California Department of Corrections and Rehabilitation (CDCR), was accused of gross negligence by the Medical Board of California for his …
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