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Article • May 15, 2007
Prison Doctor, Administrators Not Indifferent; Prison Nurse Was by The U.S. Seventh Circuit Court of Appeals held that an Indiana prisoner's complaint stated a claim for deliberate indifference to a serious medical need against a prison nurse but did not state a claim against either the prison's physician or administrators. …
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 …
Forced Psychotropic Drugging Verdict of $17,000 Affirmed by The court of appeals for the Seventh circuit held that a jury had. properly found in favor of an Illinois prisoner who was forcibly drugged with psychotropic drugs. The plaintiff was an Illinois prisoner in fear of his life after being threatened …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
Article • May 15, 2007
$1,000,000 Award for Crude, Nonconsensual Finger Amputation by On May 22, 2001, a South Carolina jury awarded $1 million to a state prisoner who claimed that after he traumatically severed his ring finger in a slip and fall accident, a prison doctor crudely amputated the residual bone at the prison …
Article • May 15, 2007
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
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. …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Doctors Can Be Held Liable in Heat Death of Obese Mental Patient by The decedent, an obese diabetic suffering from hypertension with a heart condition with abnormal EKG readings, was involuntarily committed to a psychiatric hospital where he took psychotropic medications. He died on a day with 90 degree heat …
Article • May 15, 2007
TN Prisoner States Medical Malpractice Claim Re: Failure to Provide Remedial Surgery by Sheila Proffitt, a Tennessee state prisoner, had a cast put on her broken leg by Prison Health Services, Inc. (defendants). The cast was secured by two bolts, which orthopedic physicians later said should be removed to promote …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Article • May 15, 2007
Filed under: Medical, Cancer, Malpractice
No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
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 • May 15, 2007
Medical Defendant Must be Served Personally by A jury returned a plaintiff's verdict in a deliberate indifference and medical malpractice case in which the victim of malpractice died of sickle cell anemia. However, one of the doctors was never personally served. Under state and federal law, service may be made …
Brief • October 18, 2006
Slingluff v. State of Hawaii, HI, Complaint, Med Mal Leaves Prisoner Impotent, 2006 Case 1:06-cv-00565-SPK-LK Document 1 Filed 10/18/06 Page 1 of 4 PageID #: 3 RIGJNAL MARK 1. BENNETT 2672 Attorney General of Hawaii CARON M. INAGAKI 3835 KENDALL J. MOSER 6515 Deputy Attorneys General Department of the Attorney …
Brief • October 18, 2006
Slingluff v. State of Hawaii, HI, Complaint, Medical Malpractice, 2006 Case 1:06-cv-00565-SPK-LK Document 1-2 Filed 10/18/06 Page 1 of 14 JUNG & VASSAR, P.C. (5489) FRANCIS L. JUNG (7656) USHA K.ILPATRICK KOTNER 75-170 Hualalai Road, Suite D-214 Kailua-Kona, Hawaii 96740 Telephone No. (808) 326-4852 PageID #: 7 ·. r·" '" …
Publication • 2006
Patient Suicide and Litigation, Textbook of Suicide Assessment and Management, 2006 -c H A p T E R 2 7 Patient Suicide and Litigation Charles L. Scott, M.D. Phillip J. Resnick, M.D. Suicides account for nearly 30,000 deaths annually in the United States and are the eleventh leading cause of …
Manning v. CCA, TN, Complaint, poor medical care pregnant infant death, 2005 CCA-AF (6/2/14 PRA) 0099 CCA-AF (6/2/14 PRA) 0100 CCA-AF (6/2/14 PRA) 0101 CCA-AF (6/2/14 PRA) 0102 CCA-AF (6/2/14 PRA) 0103 CCA-AF (6/2/14 PRA) 0104 CCA-AF (6/2/14 PRA) 0105 CCA-AF (6/2/14 PRA) 0106 CCA-AF (6/2/14 PRA) 0107 CCA-AF (6/2/14 …
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