Areas of Law:
42 USC § 1983 — Deliberate Indifference
U.S. District Court for the Western District of Michigan
Plaintiff Hamer suffered a ruptured appendix resulting in an 11-day hospital stay. He sued the county and the attending medical personnel for deliberate indifference.
Plaintiff claimed he was first examined on Friday, May 14, 2010, at 1:10 a.m. was and referred to sick call. He was not seen at sick call until Monday, May 17, 2010, at 8 a.m. During the interim, he claimed to have experienced significant pain and nausea. He testified to complaining at least twice to a nurse and three times to guards.
During the trial, Plaintiff’s credibility was seriously questioned. Medical experts testified the first assessment was within normal limits, justifying a referral to sick call for Monday morning rather than over the weekend. Plaintiff attacked the physician, who worked during the weekend, for not seeing him during the intervening time.
Chapman Law Group was able to prove the physician was not aware of Plaintiff’s condition and therefore did not consciously disregard his health.
A federal jury took 28 minutes to return a “No Cause” verdict for both the nurse and the physician. The judge dismissed all other parties prior to the jury verdict. The January 2015 trial lasted three days.
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.