Case Result: Plaintiff Alleged Prison Medical Services Co. Showed Deliberate Indifference
The court granted summary judgment for lawsuit alleging inmate was denied narcotic pain medication and removal of broken spinal hardware.
Ronald W. Chapman Sr., M.P.A., LL.M.
Founding Shareholder
President & CEO
Complex Healthcare Fraud, Qui Tam,
Uninsured Physicians
All Offices – Main Office Sarasota
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
The court granted summary judgment for lawsuit alleging inmate was denied narcotic pain medication and removal of broken spinal hardware.
Healthcare professionals in the private correctional healthcare business are often faced with lawsuits involving multiple claims. In most cases, those actions involve either a claim
As a result of the Prison Litigation Reform Act, exhaustion is no longer left to the discretion of the district court, but is mandatory, and inmates must now exhaust all “available” remedies, not just those which meet federal standards.
Areas of Law:
Medical Malpractice
Correctional Healthcare
Venue:
Wayne County Circuit Court (2015)
Verdict:
Summary Disposition
Details:
Plaintiff was allegedly diagnosed with possible multiple sclerosis and seizure disorder in 2010 prior to his second incarceration with the Michigan Department of Corrections. Plaintiff claimed several physicians failed to properly treat his MS and/or seizure disorder.
Defendants maintained that plaintiff did not meet the criteria for MS and was simply drug seeking. In addition, defense contended the proper diagnosis was pseudo seizure, a psychiatric diagnosis that is best treated through a psychiatrist. Defendants additionally argued this was a lost opportunity case, and that plaintiff was unable to prove the alleged damages were more than 50% caused by the actions or inactions of defendant physicians.
After a dozen or more depositions, several briefs and a summary disposition motion, the court agreed and dismissed the case 45 days before trial.
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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Ronald W. Chapman Sr., M.P.A., LL.M.
Founding Shareholder
President & CEO
Complex Healthcare Fraud, Qui Tam,
Uninsured Physicians
All Offices – Main Office Sarasota
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
The court granted summary judgment for lawsuit alleging inmate was denied narcotic pain medication and removal of broken spinal hardware.
The court dismissed Plaintiff ’s claim, finding that such a claim is not cognizable where the underlying claim is one pursuant to 42 U.S.C. § 1983.
As a result of the Prison Litigation Reform Act, exhaustion is no longer left to the discretion of the district court, but is mandatory, and inmates must now exhaust all “available” remedies, not just those which meet federal standards.
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