13 results for 'cat:"Health Care" AND cat:"Immunity"'.
J. Benton finds that the lower court properly dismissed a trustee's deliberate indifference claims against a corrections center and a correctional healthcare service. The trustee argues that officers failed to obtain medical services for her decedent, who suffered from anxiety episodes, after he swallowed two bags of meth. However, the government sufficiently shows that the officers are entitled to qualified immunity for failing to preserve footage from a camera in close proximity to his jail cell. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: August 16, 2024, Case #: 23-2259, Categories: health Care, Trusts, immunity
J. Loken finds that a lower court improperly denied eight state penitentiary officials' motion for qualified immunity against deliberate indifference claims from an inmate who is serving a life sentence. The inmate alleges that the officials refused to properly diagnose a right wrist injury after he fell while playing basketball, and that his treatment was delayed for an extended period of time. However, the officials are protected by qualified immunity and the inmate's broken wrist claims were unsupported by a doctor's diagnosis. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: August 13, 2024, Case #: 23-2167, Categories: Civil Rights, health Care, immunity
[Consolidated.] J. Atkinson finds that the trial court ruled improperly in part in this dispute brought by the hospital against the county seeking reimbursement for indigent care. While the hospital failed to show it complied with the terms of the act in order to be reimbursed, the county was not entitled to sovereign immunity. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Atkinson, Filed On: July 31, 2024, Case #: 2D2022-4019, Categories: Government, health Care, immunity
J. Trotter finds that the lower court properly reconsidered and granted the appellee's plea to the jurisdiction in this lawsuit stemming from the denial of the appellant's health care claim under the city's self-funded insurance plan. The appellee company is immune from suit, as it enjoys "the same protections of governmental immunity that the City enjoys." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 25, 2024, Case #: 11-23-00105-CV, Categories: health Care, immunity, Jurisdiction
J. Bybee finds that the district court improperly denied qualified immunity to the former medical director of the Nevada Department of Corrections after an action brought by an inmate alleged that he was deliberately indifferent to her medical needs when he denied her request for certain Hepatitis C treatment. No decision of the court would have put the medical director on notice that the relevant inmate treatment prioritization schemes violated the Eighth Amendment. The matter is remanded with instructions to grant summary judgment for the director. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: June 3, 2024, Case #: 23-15271, Categories: health Care, immunity, Prisoners' Rights
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J. Thacker finds the lower court improperly granted immunity to the healthcare provider. A patient's personal medical information was stolen during a cyberattack on the provider's computer system. Healthcare providers are immune from federal suits arising out of medical, surgical, dental, or related functions. The provider argued that the patient's medical information rises out of a medical function, but safeguarding data is not a medical function. Vacated.
Court: 4th Circuit, Judge: Thacker, Filed On: March 29, 2024, Case #: 22-2268, Categories: health Care, immunity, Negligence
J. Hudson finds the lower court properly granted summary judgment to the health research foundation. Doctors exposed Guatemalan prisoners and sex workers to sexually transmitted diseases without their full consent in an effort to better understand diseases like gonorrhea and syphilis. Although the foundation provided general funding, the doctors who infected the prisoners were not acting as agents of the foundation. Affirmed.
Court: 4th Circuit, Judge: Hudson, Filed On: March 20, 2024, Case #: 22-1678, Categories: Civil Rights, health Care, immunity
J. Martinez upholds the lower court's refusal to dismiss a doctor's defamation claims against a pain management company with which she was once a member. The company fails to show the investigatory agency to which it allegedly defamed the doctor was involved in the administration of the functions of part of the government and, thus, immune. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: March 12, 2024, Case #: 04-22-00749-CV, Categories: health Care, immunity, Defamation
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: health Care, immunity, Contract
J. Smith finds that the trial court properly ruled against the inmate in his suit alleging he received inadequate medical care from the University of Texas Medical Branch. The inmate failed to show a waiver of sovereign immunity, so the plea to the jurisdiction was correctly granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 28, 2023, Case #: 10-23-00239-CV, Categories: health Care, Tort, immunity
J. Broniec enters a writ of prohibition ordering the court to enter judgment for the institution's employees in a wrongful death action stemming from the death of a severely disabled man after he slid down in his wheelchair and the wheelchair's belt strangled him. The employees are entitled to official immunity for their decision to use the pelvic harness and how tightly to fasten the straps.
Court: Missouri Supreme Court, Judge: Broniec, Filed On: December 19, 2023, Case #: SC100069, Categories: health Care, immunity, Wrongful Death
J. Lake dismisses a putative class action against a nonprofit healthcare organization on claims arising from a data breach, during which 83,000 of its patients' personal and medical information was accessed. The nonprofit did not waive its governmental immunity under Texas law.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: December 13, 2023, Case #: 4:23cv3448, NOS: Other Contract - Contract, Categories: health Care, immunity, Privacy
J. Boatright finds that because several Colorado laws related to health care employees who report suspected drug thefts provide immunity only to persons, the trial court properly denied the employer's request to dismiss the employee's defamation and emotional distress claims after she was falsely accused of taking patients' prescription medications. The three laws under which the supervisor was granted immunity repeatedly use the word "individual" to describe covered persons, which prevents application of immunity to a corporation. Furthermore, while the duty to report statute allows for corporate immunity, the law requires facilities to report suspected thefts only to law enforcement; therefore, the employer's reporting to its board of directors violated the statute and prevented immunity. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 25, 2023, Case #: 2023CO49, Categories: Employment, health Care, immunity