Areas of Law:
Medical Malpractice Defense
Civil Rights 42 U.S.C. § 1983
Michigan Court of Appeals
Overturned an erroneous decision by the lower court
The common-law standard of care applies to malpractice actions against nurses. Therefore, the applicable standard of care is the skill and care ordinarily possessed and exercised by practitioners of the profession in the same or similar localities.
The trial court’s analysis focused on whether the medical care that Plaintiff’s decedent Weatherspoon received was premised on an illegal standard of care, and, as such, constituted cruel and unusual punishment. But the case was not based on an allegation of an Eighth Amendment violation: it is based on a claim of medical negligence.
The Court of Appeals pointed out the differences between healthcare standards of care in a traditional setting and in a correctional setting, noting that there are extra concerns in the correctional setting. The Court of Appeals overturned the lower court’s order for a new trial, and the jury verdict of No Cause of Action was reinstated.
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.