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Private Medical Services Skirmish Over INS Contract by A Delaware Chancery Court denied a motion to dismiss filed by Prison Health Services, Inc. The motion sought to dismiss the complaint of Up and Up Health Services, Inc. Both companies were bidding for a contract to provide managed health care services …
Article • May 15, 2007
CMS Doctor Not Liable for Delaying Bone Graft by The plaintiff saw a specialist who said he needed a bone graft procedure immediately, and the prison doctor defendant recommended that he get it. Nine months later, the same specialist said there was no need for further evaluation or surgery, and …
Article • May 15, 2007
CMS Liable as State Actor For Denying HCV Care in NJ by The plaintiff complained about his medical care, reciting a long and tortured history of his treatment and non-treatment for Hepatitis A, B, and C, and rheumatoid arthritis that may or may not have been caused by it. The …
Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements by Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements Florida's Fourth District Court of Appeal has held that a Palm Beach Circuit Court improperly dismissed a prisoner's medical malpractice suit for failing to comply with pre-suit …
$40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records by $40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records Columbia Legal Services (CLS) brought action against the Washington State Department of Corrections (DOC) in 2003 for not providing public record documents requested …
FL Jail Pays $500,000 in Medical Neglect Suit by The court of appeals for the Eleventh circuit upheld a jury verdict against the Escambia county Road Prison in Florida for $500,000 in favor of a prisoner denied medical care. The plaintiff fractured his hip ball socket and was repeatedly denied …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Negligence Claim Stated in Florida Jail Prisoner's Suicide by The Eleventh Circuit Court of Appeal has upheld a Florida district court's grant of judgment as a matter of law on a claim of deliberate indifference to medical needs and a state tort claim of negligent supervision, training, and management in …
Prison Liable in Denying Bone Marrow Transplant by The court of appeals for the Eighth circuit held that prison officials can be held liable for promulgating policies that deny treatment to prisoners suffering from fatal illnesses, even when the prison has contracted out its medical care to a third party. …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
Plaintiff States Claim Against Private Medical Providers In § 1983 Action by Plaintiff States Claim Against Private Medical Providers In § 1983 Action The United States District Court for the District of Maine held that although a prisoner did not utter "the magic words 'policy and custom' in his" § …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
New York: Malpractice Suit Over Guard's Death Settles For $2,500,000 by On March 21, 2002, an unidentified plaintiff settled this medical malpractice claim against two physicians for $2,500,000. At issue was the medical treatment of a Riker's Island guard who suffered a heart attack in front of the jail's infirmary. …
Article • May 15, 2007
Private Medical Company Not Municipality Subject to Punitive Damages by The plaintiff, who had had repeated shoulder surgery, reinjured his shoulder in jail. He got an x-ray but no treatment except pain killers and referrals to mental health. After release, he had to have two additional surgeries on his shoulder. …
Article • May 15, 2007
Doctor Employed by Private Medical Company's Firing Upheld by The plaintiff physician complained that she was fired by a private corporation providing medical care to prisoners because she gave a prisoner a 7-Up to drink. Prison officials denied her further access to the prison and the corporation cited that fact …
Court Rules on Consolidated Suits against CMS in New Jersey by The court disposes of summary judgment motions in 15 consolidated cases concerning medical care provided by Correctional Medical Services at East Jersey State Prison. The court grants summary judgment against nine of them (mostly because the prisoners got a …
Article • December 15, 2006 • from PLN December, 2006
Federal Court Orders California DOC to Pay $58 Million In Overdue Medical Bills by John Dannenberg by John E. Dannenberg On March 30, 2006, the U.S. District Court, N.D. Cal., ordered the California Department of Corrections and Rehabilitation (CDCR) to pay its backlog of overdue medical subcontractors bills within 60 …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by John Dannenberg by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a …
Article • November 15, 2006 • from PLN November, 2006
California County Jail Settles Overdue Prisoner Hospital Bills For $1.5 Million by John Dannenberg by John E. Dannenberg Settling a long-simmering dispute in billing rates for medical treatment of jail prisoners, San Diego County has agreed to pay $1.5 million to multiple hospitals for bills dating back over three years. …
Article • September 15, 2006 • from PLN September, 2006
Florida County Bucks Paying $300,000 in Prisoner Medical Bills by Florida's Brevard County has been sued by three local hospitals seeking payment for medical care rendered to prisoners who incurred injuries during their arrests. The County refused to pay, arguing the detainees technically were not in custody at the time …
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