Area of Law:
Civil Rights 42 U.S.C. §1983
Eastern District of Michigan
Dismissed on motion
Plaintiff asserts that there was a serious need for his prison doctor to disclose the Hepatitis C infection to Plaintiff and other treating medical personnel as soon as that information became available. Plaintiff claims that the doctor withheld the Hepatitis C diagnosis for over five months while other doctors prescribed medications contraindicated with the Hepatitis C infection. It is the withholding of information, then, that Plaintiff claims violated his Eighth Amendment rights. To succeed on his claim, the Court explained that the Plaintiff must establish that the doctor was so deliberately indifferent to his serious medical need that he “unnecessarily and wantonly inflicted pain.” Setting aside the issue of whether the doctor withheld information regarding Plaintiff’s Hepatitis C infection with deliberate indifference, the Plaintiff still failed to establish that the doctor’s withholding of information inflicted unnecessary pain. Further, once the doctor disclosed to Plaintiff and other treating medical personnel that Plaintiff was positive for Hepatitis C, nothing about Plaintiff’s condition or treatment changed which showed any withheld information did not affect his treatment.
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.