Free Medical Malpractice case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Medical Malpractice December 4, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | How Mike Huckabee and Robert Bork Could Help Center Neil Gorsuch | SHERRY F. COLB | | Cornell law professor Sherry F. Colb analyzes an unusual comment by former Arkansas Governor Mike Huckabee that a government restriction on the size of people’s Thanksgiving gathering would violate the Fourth Amendment’s guarantee against unreasonable searches and seizures. Colb describes a similar statement (in a different context) by conservative Supreme Court nominee Robert H. Bork during his (unsuccessful) confirmation hearings in 1987 and observes from that pattern a possibility that even as unenumerated rights are eroded, the Court might be creative in identifying a source of privacy rights elsewhere in the Constitution. | Read More |
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Medical Malpractice Opinions | Donald v. Wexford Health Sources, Inc. | Court: US Court of Appeals for the Seventh Circuit Docket: 19-3038 Opinion Date: December 1, 2020 Judge: KANNE Areas of Law: Civil Rights, Constitutional Law, Criminal Law, Medical Malpractice | Donald has glaucoma and keratoconus, a thinning of the cornea that causes distorted vision. To treat his keratoconus, Donald had left-eye corneal transplant surgery in 2011. A few years later, Donald was convicted of drug crimes. He began his prison sentence at Illinois River Correctional Facility in 2014. His eye problems started flaring up, causing redness and poor vision. He was subsequently seen by Illinois River’s optometrists and at Illinois Eye Center several times. Ultimately, he was diagnosed with a rupture of the globe, an irreversible loss of vision in his left eye. After surgery, pathological tests revealed that the infection that led to the ruptured globe was caused by bacteria that can act very quickly and cause perforation in as few as 72 hours. Donald filed suit under 42 U.S.C. 1983 for deliberate indifference to a serious medical need. The district court granted the defendants summary judgment. The Seventh Circuit affirmed. The undisputed evidence shows that the defendants did not act with deliberate indifference toward an objectively serious medical condition and the district court appropriately exercised supplemental jurisdiction to dispose of the malpractice claim. | |
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