Donald Owens v Client

Area of Law:
Civil Rights 42 U.S.C. §1983

Venue: 
Sixth Circuit Court of Appeals

Verdict:
Affirmed dismissal of case by lower court

Details:
The inmate alleged that Defendants violated his Eighth Amendment right to adequate medical care by failing to treat his Hepatitis C virus with Imferon and Ribavirin. Although the inmate adequately alleged that he suffered from an objectively serious medical condition, Hepatitis C virus, the affidavits and medical records established that Defendants were not deliberately indifferent to that condition. A patient’s disagreement with his physicians over the proper medical treatment alleged no more than a medical malpractice claim, which was a tort actionable in state court, but was not cognizable as a federal constitutional claim. The inmate submitted no evidence that contradicted or otherwise called into question Defendants’ medical assessment or treatment decisions. Because the inmate produced no evidence that Defendants acted with the culpable state of mind necessary to impose liability, the inmate’s claim failed.

Attorneys:
Ronald Chapman


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This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


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