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John C. Cardello

Senior Attorney

Michigan Office
1441 West Long Lake Rd., Ste. 310
Troy, MI 48098
Phone: (248) 644-6326

Related Case Results

Prison Physician Assistant Not Liable at Trial

A pro se prisoner alleged that our physician assistant client was deliberately indifferent to “broken hand symptoms” when treating a bite wound on the prisoner’s hand. The physician assistant saw the prisoner again at a later date, at which time the prisoner complained of ongoing pain. The physician assistant ordered an x-ray, which revealed a fracture.

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Case Result: Jail Nurse Dismissed on Initial Motion

Area of Law:
42 USC 1983 – Deliberate Indifference

Venue:
United States District Court for the Eastern District of Michigan

Verdict:
Fed. R. Civ. P. 12(b)(6) motion granted. Plaintiff failed to state a claim upon which relief could be granted and was not permitted to amend, because amendment would have been futile.

Details:
A prisoner sued several corrections personnel and a nurse for deliberate indifference to serious medical needs. At the time of detention, the prisoner was suffering from withdrawal symptoms and while detoxing, fell and injured her head. She claims that she was not given immediate proper medical treatment and claims this lack of proper care and the delay in care caused her condition to worsen. However, the facts as alleged demonstrated that the prisoner did receive medical care for the detox issues she was experiencing and that medical staff appropriately sent her to the hospital. The judge dismissed our nurse-client and did not permit the Plaintiff to amend as to the nurse Defendant or to add another nurse Defendant, because the Plaintiff’s amended complaint still would have been futile.

Disclaimer:
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.

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