John Colton v Clients (treating physician)
Area of Law:
Civil Rights 42 U.S.C. §1983, based on the failure to treat a right inguinal hernia
U. S. District Court, Eastern District
Gerald Rosen, Chief Judge
Plaintiff alleged the physician ignored his alleged severe pain and allegations that his previous right inguinal hernia surgical repair had failed. Plaintiff alleged significant pain and suffering for 3 years. He alleged he should have had inguinal hernia surgery as early as Oct. 2009. He also demanded right inguinal hernia surgery. Defense alleged plaintiff never reported pain and in fact a hernia that is not incarcerated or strangled is not a serious medical need. Pursuant to Napier Plaintiff must produce expert support that a delay in treatment proximately caused additional damages.
Plaintiff demanded $20,000. We rejected.
Trial started on 10/27/14 and ended 10/29/14. At the close of Plaintiff’s proofs we moved for a Directed Verdict. The court deferred until after Defense proofs. Following defense proofs the court granted the motion for Directed Verdict.
Bases for Relief:
The court accepted our argument that this was a Napier case and not a Blackmore case; therefore, Plaintiff needed medical testimony to support the fact that the medical condition worsened as a result of the delay. Plaintiff was unable to prove same.
Chance of Appeal:
60% chance Plaintiff will file a Pro Se appeal. 1% chance he will be successful.
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