All Offices – Main Office Sarasota
6841 Energy Ct.
Sarasota, FL 34240
Phone: (941) 893-3449
Plaintiff alleged that he suffered from Hirschsprung’s Disease and demanded that doctors provide him with a special diet to alleviate symptoms of the disease. Evidence from the prison showed that the inmate’s desired “special diet” consisted of hamburgers and fried chicken.
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.
An inmate sued the prison medical services company for allegedly refusing to surgically remove broken spinal hardware, denying narcotic pain medication, and refusing to provide sufficient lubricant for the inmate’s self-catheter.
Many Variables are Involved in a Deliberate Indifference Claim Under 42 U.S.C. § 1983 per the 6th U.S. Circuit Court of Appeals, there are several
Area of Law:
42 USC 1983 — Deliberate Indifference
Venue:
U.S. 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, as 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, Plaintiff prisoner was suffering from withdrawal symptoms and, while detoxing, fell and injured her head. She claimed to have not been given immediate proper medical treatment and that 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 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 of Michigan.
Senior Attorney
Michigan Office
1441 West Long Lake Rd., Ste. 310
Troy, MI 48098
Phone: (248) 644-6326
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.
Many Variables are Involved in a Deliberate Indifference Claim Under 42 U.S.C. § 1983 per the 6th U.S. Circuit Court of Appeals, there are several
Michigan OFFICE
1441 W Long Lake Rd.
Suite 310
Troy, MI 48098
T. 248.644.6326
F. 248.644.6324
FLORIDA OFFICES
6841 Energy Ct.
Sarasota, FL 34240
T. 941.893.3449
1001 Brickell Bay Dr.
Suite 1714
Miami, FL 33131
T. 305.712.7177
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