Ronald W. Chapman Sr., M.P.A., LL.M.
Founding Shareholder
President & CEO
Complex Healthcare Fraud, Qui Tam,
Uninsured Physician Matters, Compliance
All Offices – Main Office Sarasota
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
We argued that there is insufficient medical evidence that Amiodarone causes pulmonary toxicity or exacerbated patient’s pulmonary fibrosis, and that that physician was well within the standard of care.
Plaintiff alleged clients misread a mammogram, resulting in delay in diagnosing breast cancer. The appellate court ruled the Affidavit of Merit was insufficient to show proximate cause.
The Magistrate Judge properly found that Plaintiff had failed to show any evidence of deliberate indifference as to Defendant’s treatment of his Hepatitis C, where there was uncontradicted evidence that the doctor had provided treatment both before and after the alleged denial of treatment.
Areas of Law:
42 U.S.C. § 1983
Correctional Healthcare
Venue:
U.S. District Court for the Eastern District of Michigan
Verdict:
Case dismissed on motion
Details:
Plaintiff claimed that Bay Medical Center was not the “best choice” for his medical care because Plaintiff needed to be sent to the University of Michigan Medical Center. He further asserted that Defendants cut corners in order to save money by sending him to Bay Medical Center instead of the University of Michigan Medical Center.
Treatment notes indicated prison personnel had security issues in sending him to the University of Michigan. The notes did not establish that Defendants were deliberately indifferent to Plaintiff’s medical needs. In fact, they tended to imply that while there was a desire to transfer Plaintiff to the University of Michigan Medical Center, security issues prevented a transfer from taking place. The notes do not give rise to a genuine issue of material fact as to any indifference on the part of the Defendants in providing him medical attention.
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.
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Ronald W. Chapman Sr., M.P.A., LL.M.
Founding Shareholder
President & CEO
Complex Healthcare Fraud, Qui Tam,
Uninsured Physician Matters, Compliance
All Offices – Main Office Sarasota
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
We argued that there is insufficient medical evidence that Amiodarone causes pulmonary toxicity or exacerbated patient’s pulmonary fibrosis, and that that physician was well within the standard of care.
Plaintiff alleged clients misread a mammogram, resulting in delay in diagnosing breast cancer. The appellate court ruled the Affidavit of Merit was insufficient to show proximate cause.
The Magistrate Judge properly found that Plaintiff had failed to show any evidence of deliberate indifference as to Defendant’s treatment of his Hepatitis C, where there was uncontradicted evidence that the doctor had provided treatment both before and after the alleged denial of treatment.
