Areas of Law:
U.S. District Court for the Eastern District of Michigan; State of Michigan (3rd Circuit)
No Cause of Action
An inmate with multiple sclerosis claimed that the defendants collectively failed to comply with the applicable standards of care and conduct a thorough workup and/or referral to specialists for further review of his condition. The inmate further claimed the defendants breached their duties of reasonable care causing or exacerbating the inmate’s condition.
In a medical malpractice action, the plaintiff has the burden of proof that the defendants were professionally negligent, that the plaintiff sustained injury and damages, and that the defendant’s negligence or malpractice was the cause of such injury or damage. In this case, the plaintiff was unable to establish that injuries or damages were proximately caused by the negligence or wrongdoing of the defendant physicians. Medical records prior to incarceration included signs and symptoms of MS were present.
After six years of federal and state litigation, our client won in a three-day arbitration hearing with a No Cause of Action ruling on the state claim in February 2019. The federal claim was dismissed in 2017.
Ronald W. Chapman Sr.
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar of Michigan.