13 results for 'cat:"Civil Rights" AND cat:"Medical Malpractice"'.
J. Valderrama grants a suburban Illinois police officer's motion for summary judgment in this civil rights case, and denies a hospital system's motion for summary judgment for its own involvement in the case. In the case, police in suburban Chicagoland pulled over a man for alleged traffic violations but then subjected him to dog-sniffing when they suspected he had cannabis on his person. The police also took the man to Christ Hospital in the suburb of Oak Lawn, where doctors carried out an examination to see if he was hiding drugs in his rectum. Ultimately only miniscule amounts of cannabis were found in the man's car, and none were found in his rectum. The man then sued all parties for battery and carrying out unreasonable searches. The court finds the man has not presented sufficient evidence regarding the alleged unreasonableness of the officers' initial stop and search, but that there is still a factual dispute as to whether he fully consented to the rectal examination.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 22, 2023, Case #: 1:19cv7904, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, medical Malpractice, Police Misconduct
J. Baker rules in favor of the Georgia Department of Corrections as to the former inmate's medical malpractice claims against it arising after his infected toe fell off while he was incarcerated. However, the board's motion for partial summary judgment is rejected as to the inmate's claims based on a doctor's alleged negligence. There is a genuine dispute of fact as to whether the doctor was a correctional healthcare employee or an independent contractor. The physician assistant failed to show that she is entitled to qualified immunity from the civil rights claim alleging deliberate indifference. The ex-inmate's motion to exclude portions of the experts' opinions is partially granted as to two doctors' opinions that the prison parties met the standard of care and as to one doctor's opinion that they did not cause the ex-inmate's injuries.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 8, 2023, Case #: 4:21cv277, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Experts, medical Malpractice
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[Consolidated] J. Conley grants the federal government's motions to sever and remand in two lawsuits from a pro se citizen bringing multiple claims against state and federal employees, including allegations that they falsely called the police on him, disclosed his private medical records and wrongfully prescribed him medications for his mental illness. In one case the citizen's claims against a doctor are dismissed and all his motions for appeal are denied, and in both cases all of his remaining claims are remanded to state court. Overall, both cases and at least seven other pending lawsuits from the citizen are dismissed with prejudice as sanctions for his repeated incivility toward court officials and disregard of directives issued to him. The clerk of court is to forward any of the citizen's filings to the judge's chambers, and court staff are instructed to ignore the citizen's emails.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 1, 2023, Case #: 3:23cv380, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: civil Rights, Sanctions, medical Malpractice
[Consolidated]. Per curiam. The Eighth Circuit finds a lower court properly denied as a matter of law an estate administrator's medical malpractice claims against a jail physician concerning the death of an inmate relative who died from sepsis. The estate administrator argued that the jail physician breached standard of care and that she is entitled to punitive damages. However, she failed to present sufficient evidence in court that the physician acted with malice. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-1469, Categories: civil Rights, Evidence, medical Malpractice
J. Cogburn grants summary judgment to the North Carolina Department of Public Safety following allegations of medical deliberate indifference and negligence brought by the parents of a man who died of a fungal infection in the department’s custody. The department imposed rigid restrictions on the man, including denying his compassionate release or his ability to hug his family after all involved knew his diagnosis was terminal, tightening his shackles, and taking food from him if he didn’t eat it “fast enough.” Despite all this, the department did nothing out of the bounds of its own policies regarding its treatment of those incarcerated.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:20cv570, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, medical Malpractice, Prisoners' Rights
J. Foster largely dismisses the Minnesota Sex Offender Program detainee's complaint alleging personal injuries and violations of his civil rights, with one exception. Claims under the Eighth Amendment against one of the program's doctors in her individual capacity survive, since the detainee has asserted detailed allegations regarding her refusal to provide care after he requested it. The remaining claims variously are improperly asserted under the U.S. and Minnesota constitutions directly, rather than under relevant statutes, inadequately pleaded or duplicative of other counts.
Court: USDC Minnesota, Judge: Foster, Filed On: August 24, 2023, Case #: 0:12cv646, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: civil Rights, medical Malpractice
J. Fitzwater denies, in part, a healthcare company, doctor and nurse's motion for summary judgment on a mother's claims regarding the allegedly deficient prenatal care she received while in jail. Although the claims are time-barred as applied to the mother, the claims will proceed on behalf of her twin children.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: August 16, 2023, Case #: 3:20cv45, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, medical Malpractice
J. Reed finds a lower court properly dismissed an estate administrator's wrongful death claims against a physician. The estate administrator argued that the physician breached duty of care when she refused to perform alternate treatments on its decedent, who died from heart failure at home. However, the physician sufficiently showed in court that she properly avoided taking material risks by refusing to prescribe an anti-inflammatory drug for pain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: July 12, 2023, Case #: 2023UKSC26, Categories: civil Rights, Health Care, medical Malpractice
J. Tjoflat finds that the district court properly dismissed the estate's civil rights, excessive force and disability discrimination action against the sheriff and correctly found in favor of the officers and the medical services employee. The action arose from the decedent's death due to cardiovascular collapse in jail custody after officers restrained, hit and tasered him. The sheriff is entitled to immunity because he acted as an arm of the state with respect to force policy and training officers as well as providing medical care. The officers' use of force was not clearly unreasonable. However, the district court improperly found in favor of the jail medical services provider on the estate's medical malpractice claim. Affirmed in part.
Court: 11th Circuit, Judge: Tjoflat, Filed On: June 7, 2023, Case #: 22-10441, Categories: civil Rights, Ada / Rehabilitation Act, medical Malpractice
J. DeGravelles denies a request by a doctor at a parish jail, refusing to dismiss constitutional claims against him by the family of a prisoner who died from brain cancer. The family alleges that the physician’s denial of a life-saving medical device, an Optune, violated both state human rights law and his constitutional right to medical care. The doctor’s refusal to provide the device, despite “full knowledge” that the inmate needed it, constituted deliberate indifference, and “every reasonable officer would know, beyond debate, that this was the case.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 22, 2023, Case #: 3:22cv548, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, Constitution, medical Malpractice