Michigan Office
880 W. Long Lake Road, Suite 150
Troy, MI 48098
Phone: (248) 644-6326
When plaintiff inmate’s complaint was too long and his allegations unclear, the district court tossed the case after two failed chances to amend it.
Decedent, who had a history of mental health and substance abuse issues, died from an overdose when placed in general population.
The estate of a 29-year-old inmate filed suit alleging several correctional physicians failed to properly treat epilepsy, causing the inmate’s death. The case was settled with a confidential settlement in the very low five figures.
Venue:
U.S. District Court, Eastern District of Michigan, Southern Division
Case:
Mary Harris, as Personal Representative of the Estate of Ashley Harris, Deceased v. Corizon Health Inc., et al.
Primary Issue:
Plaintiff Decedent’s estate initiated a 42 U.S.C. § 1983 lawsuit against our clients that included counts of deliberate indifference, medical malpractice, and ordinary negligence.
The complaint alleged that our psychiatrist client failed to ensure that medication orders regarding Chlorpormazine were properly entered and/or stopped. Plaintiff states that this resulted in over-administering the medication, causing Decedent’s overdose and death. According to the medical examiner, Chlorpormazine toxicity was the cause of death.
Also involved in this lawsuit was the medical services company that provides medical personnel to the prison. The company retained us to defend against the claims that it is liable for “every negligent act, error, and omission of each of its employees”.
Argument:
Plaintiff’s entire case was predicated on their interpretation of the medical records, which it believed demonstrated that Decedent had been given doses of Chlorpromazine well above the FDA’s guidelines, leading to her demise.
Attorney Jonathan Lanesky was able to demonstrate that, although a charting error by our psychiatrist client did occur, it was timely noticed by the nurses on staff. Through medical records and testimony, it was revealed that the nurses acted accordingly by holding the medications until they could get clarification from our client.
A proper look into the facts and testimony showed that all Defendants complied with the standard of care. It also proved that Plaintiff would not be able to demonstrate that our psychiatrist client’s treatment was unreasonable or “so grossly incompetent, inadequate, or excessive as to shock the conscience or to be intolerable to fundamental fairness.”
Result:
Our psychiatrist client was dismissed with prejudice, meaning that the same case cannot be brought against him by the Plaintiff again. The company settled their portion of the case for $50,000.00, compared to the $3.6 million that the Plaintiff was originally asking for.
Areas of Law:
Gross Negligence
42 U.S.C. § 1983
Standard of Care in Medical Malpractice Claims
Attorney:
Jonathan Lanesky
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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Michigan Office
880 W. Long Lake Road, Suite 150
Troy, MI 48098
Phone: (248) 644-6326
A federal court agreed with our national Correctional Healthcare Law attorneys that there were no unconstitutional policies, practices, and customs, and no patterns of misconduct on the part of the healthcare company.
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