deliberate indifference to serious medical needs
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A state prisoner in Texas sued two nurses, a physician's assistant, a physician and the University of Texas Health System which provided health care i...
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Court of Claims properly dismissed appellant's complaint pursuant to Civ.R. 12(B)(6) because it lacked an affidavit of merit. Appellant's potential claim for deliberate indifference to serious medical needs was not clearly pled and court of claims lacks jurisdiction to hear any actions brought pursuant to 42 U.S.C. 1983.
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Even though they never met in person, the director of an incarceration facility could be liable under the Eighth Amendment for deliberate indifference to an inmate's serious medical needs, the 8th Circuit has ruled in affirming a verdict.
A paraplegic was assigned to an incarceration facility on a work- release basis. He suffered from several serious medical conditions, including severe spasticity, edema and was very likely to develop pressure sores. After a month at the facility, he had developed several sores and broke his femur during a bath transfer, necessitating surgery.
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Where the defendant's motion for summary judgment was granted by the lower court with respect to the plaintiff's excessive force and deliberate indifference claims, the case was remanded for a hearing by a jury at trial.
Specifically, in Sandra Elliot v. County of Monroe, U.S. District Court, Western District of New York Judge Michael A. Telesca granted the defendant's summary judgment motion to dismiss claims of excessive force and deliberate indifference to serious medical needs, in violation of 42 USC Section 1983.
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... MEDICAL SERVICES. ... was diagnosed with Ewing's Sarcoma, a serious form of bone cancer. According to Plaintiff, surge... cannot form the basis for a finding of deliberate indifference or gross negligence. Nurse Smith, who...' toward [his] serious medical needs." Blackmore v. Kalamazoo County, 390 F.3d 890, 895...
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... or failure to attend to a prisoner's medical needs, the standard for that state of mind is the "deliberate indifference" standard of Estelle v. Gamble, 429 ...26. Syllabus. to inmates' current serious health problems is actionable is rejected. Since t...
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... argues that Wallace and Bynes were deliberately indifferent to his serious medical needs in violat...1999). Deliberate indifference to an inmate’s serious medical needs violates th...
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... (collectively "Defendants")--were deliberately indifferent. to her serious medical needs after he... result of Defendants' deliberate indifference to Chelsie's serious medical needs, she sustained ...
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...FIRST CORRECTIONAL MEDICAL INC.; CORRECTIONAL MEDICAL SERVICES. INC.; L.... that the Defendants acted with deliberate indifference to his serious medical needs in viola...
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... cruel and unusual punishment and deliberate indifference to his medical needs in violation of ... and deliberate indifference to his serious medical needs in violation of the Eighth Amendment...