Justia Civil Rights Opinion Summaries

Plaintiff, individually, and on behalf of her children, sued two physicians for medical malpractice. During the ensuing trial, one of the jurors fainted while she was sitting in her chair in the jury box. One of the defendant physicians immediately rose to assist the juror, after which the juror recovered and was excused. Plaintiffs moved for a mistrial, which the trial court denied. The jury subsequently returned verdicts for the physicians. The court of appeals reversed and ordered a new trial as to both physicians. The physician who did not help the ailing juror sought further review. The Supreme Court reversed the court of appeals as to the appellant, holding that the district court did not abuse its discretion when it allowed the jury verdict to stand as to the physician who had not rendered medical assistance because nothing in that physician’s behavior during the incident could have “engendered any particular good will in her favor.” Remanded. View "Jack v. Booth" on Justia Law

Illinois prisoner Wheeler sued the prison’s medical director, Dr. Talbot, for alleged deliberate indifference to serious medical needs, 42 U.S.C. 1983. Wheeler claims that he experiences excruciating pain from “large and protruding” keloids (growths of scar tissue) on his chest, hips, and legs; that he tested positive for a stomach infection caused by the bacterium helicobacter pylori; and that Dr. Talbot ignored both conditions. The district court allowed the keloid claim to proceed but dismissed the h. pylori claim because the blood-test results that Wheeler attached to his complaint establish that he tested negative for the infection. The court then denied a motion requesting an order requiring Dr. Talbot to refer Wheeler immediately to “a suitable doctor.” The Seventh Circuit affirmed. Even ignoring the lack of advance notice to Dr. Talbot, there was enough in the record to demonstrate that immediate referral was unwarranted. The limited evidence established neither that Wheeler will experience irreparable harm without a preliminary injunction nor that his deliberate-indifference claim against Dr. Talbot has a reasonable likelihood of success.View "Wheeler v. Talbot" on Justia Law

The Illinois Department of Financial and Professional Regulation (Department) permanently revoked the health care licenses of physicians (plaintiffs) pursuant to the Department of Professional Regulation Law (20 ILCS 2105/2105-165) as a result of plaintiffs’ prior misdemeanor convictions for battery and criminal sexual abuse of their patients. The circuit court of Cook County dismissed their challenges. The appellate court and the Illinois Supreme Court affirmed, rejecting claims that the Act: did not apply to individuals who were convicted of a triggering offense prior to the Act’s effective date; was impermissibly retroactive and impaired certain fundamental rights, in violation of substantive due process; violated procedural due process; was unenforceable based on the res judicata effect of the previous discipline imposed by the Department; violated federal and state constitutional protections against double jeopardy; violated the constitutional prohibition against bills of attainder; violated the federal takings clause; and violated federal and state constitutional prohibitions against ex post facto law.View "Hayashi v. IL Dep't of Fin. & Prof'l Regulation" on Justia Law

While working as a home care provider, Carl experienced a psychotic break, urinating on one client’s head. Muskegon County prosecutors charged Carl with vulnerable-adult abuse. He was held at the county jail, which contracted mental health services to CMH. CMH employees examined Carl at the jail. McLaughlin, a physician’s assistant, indicated that Carl was “floridly psychotic,” that he had considered suicide, and that he required treatment in a psychiatric facility. McLaughlin had previously prescribed Carl an anti-psychotic medication but noted that it was “not very effective.” Weinert, a limited licensed psychologist, documented that Carl was “paranoid” and “require[d] intensive psychiatric treatment” and hospitalization. Dr. Jawor, a CHM independent contractor, examined Carl two days later. Carl denied feeling depressed, suicidal,or homicidal, and denied having paranoid delusions and hallucinations. Carl stated that he was “messing with” Weinert and McLaughlin. Jawor concluded that he did not meet the criteria for involuntary hospitalization. Carl sued (42 U.S.C. 1983) arguing that, due in part to Jawor’s negative certification, he did not receive mental health services he needed and that his uncontrolled psychotic state worsened, seriously harming his mental and physical health while detained. All defendants except Jawor were dismissed after signing a settlement agreement. The district court held that Jawor was not a state actor. The Sixth Circuit reversed, holding that Jawor acted under color of state law because she performed a public function by evaluating an individual in state custody.View "Carl v. Muskegon Cnty." on Justia Law

While being held in Saginaw County Jail on a misdemeanor charge relating to failure to pay court fines, Rouster succumbed to sepsis and died as a result of a perforated duodenal ulcer. Before his death, he had complained of stomach pain, engaged in bizarre behaviors indicative of mental-health problems, and displayed signs of agitation. His estate, brought suit under 42 U.S.C. 1983 against the medical staff members who interacted with Rouster during the final 36 hours of his life, alleging that they were deliberately indifferent to his medical needs. Experts agreed that prompt medical attention could have saved his life and that Rouster received substandard care. The district court entered summary judgment for the defendants. The Sixth Circuit affirmed, reasoning that it could not conclude that the medical staff became aware of Rouster’s serious medical need and deliberately refused to provide appropriate treatment.View "Rouster v. Saginaw Cnty." on Justia Law

Michelle McCall received prenatal medical care at a United States Air Force clinic as an Air Force dependent. McCall died after delivering her son as a result of severe blood loss. Petitioners filed an action against the United States under the Federal Tort Claims Act (FTCA). The federal district court found the United States liable under the FTCA. The court concluded that Petitioners’ economic damages amounted to $980,462 and Petitioners’ noneconomic damages totaled $2 million. However, the district court limited Petitioners’ recovery of wrongful death noneconomic damages to $1 million after applying Fla. Stat. 766.118, Florida’s statutory cap on wrongful death noneconomic damages based on medical malpractice claims. The district court subsequently denied Petitioners’ motion challenging the constitutionality of the wrongful death statutory cap. The Eleventh Circuit Court of Appeals affirmed the application of the statutory cap on noneconomic damages and held that the statute was not unconstitutional. The Florida Supreme Court accepted certification to answer questions of Florida law and answered by holding the statutory cap on wrongful death noneconomic damages provided in Fla. Stat. 766.118 violates the Equal Protection Clause of the Florida Constitution. View "Estate of McCall v. United States" on Justia Law

In 2008, Shields, an Illinois prisoner was lifting weights and ruptured the pectoralis tendon in his left shoulder. Although he received some medical attention, he did not receive the prompt surgery needed for effective treatment. Due to oversights and delays by those responsible for his medical care, too much time passed for surgery to do any good. He has serious and permanent impairment that could have been avoided. After his release from prison, Shields filed suit under 42 U.S.C. 1983, alleging that several defendants were deliberately indifferent to his serious medical needs and violated his rights under the Eighth Amendment to the Constitution. The district court granted summary judgment in favor of the defendants. The Seventh Circuit affirmed, reasoning that Shields was the victim not of any one person’s deliberate indifference, but of a system of medical care that diffused responsibility for his care to the point that no single individual was responsible for seeing that he timely received the care he needed. As a result, no one person can be held liable for any constitutional violation. Shields’ efforts to rely on state medical malpractice law against certain private defendants also failed. View "Shields v. IL Dep't of Corrs." on Justia Law

In 2013, the Governor of Wisconsin signed into law a statute that prohibits a doctor, under threat of heavy penalties, from performing an abortion unless he has admitting privileges at a hospital no more than 30 miles from the clinic in which the abortion is performed. Wis. Stat. 253.095(2). Planned Parenthood and others challenged the law under 42 U.S.C. 1983. The district court entered a preliminary injunction against enforcement of the law. The Seventh Circuit affirmed. The court noted that the seven doctors affected by the law had applied for, but after five months, had not been granted, admitting privileges; that all Wisconsin abortion clinics already have transfer agreements with local hospitals to facilitate transfer of clinic patients to the hospital emergency room. A hospital emergency room is obliged to admit and to treat a patient requiring emergency care even if the patient is uninsured, 42 U.S.C. 1395dd(b)(1). Had enforcement of the law, with its one-weekend deadline for compliance, not been stayed, two of the state’s four abortion clinics would have had to shut down and a third clinic would have lost the services of half its doctors. View "Planned Parenthood of WI v. Van Hollen" on Justia Law

Inmate Santiago, complaining of severe pain and a rash, was seen by Dr.Mosher on January 31. Mosher prescribed Tylenol for pain and antibiotics to treat what she thought might be Methicillin-resistant Staphylococcus aureus (MRSA). The next day Dr. Ringle diagnosed erythema nodosum (EN), an uncomfortable but non-dangerous skin inflammation that typically disappears in about six weeks but may recur. EN has no known cure. Ringle prescribed an anti-inflammatory and an antibiotic. Four days later, Santiago was transferred to OSU Medical Center, where he was diagnosed with EN and arthralgias, a severe joint-pain condition, and prescribed an anti-ulcer agent and a different anti-inflammatory. Santiago was seen on February 20 by an OSU dermatologist, who recommended a topical steroid, compression hose, and SSKI, which may help treat EN but is not standard treatment. Each day, February 22- 25, Santiago asked prison nursing staff about the treatments. Staff denied knowledge until, on the 25th, nurses found Santiago’s unsigned chart on Ringle’s desk. Ringle had been on vacation. Mosher signed the order on February 27. Santiago received the topical steroid on February 29 and compression stockings on March 10. Santiago waited longer for the SSKI, which is a non-formulary drug. The district court rejected Santiago’s suit (42 U.S.C. 1983) based on the delays. The Sixth Circuit affirmed. Santiago did not prove that the delay caused a serious medical need or deliberate indifference.View "Santiago v. Ringle" on Justia Law

This case involved a medical-malpractice claim filed well after the statute of repose set forth in Ohio Rev. Code 2305.113(C). Timothy and Tracy Ruther sued a doctor and medical facility, claiming that the doctor had failed to properly assess, evaluate and respond to abnormal laboratory results including very high liver enzymes. The court of appeals held that section 2305.113(C), as applied to the facts of this case, violated the right-to-remedy clause of the Ohio Constitution, relying in part upon Hardy v. VerMeulen. The Supreme Court overruled Hardy and reversed the court of appeals, holding (1) Plaintiffs, whose cause of action for medical malpractice did not accrue until after the statute of repose had expired, were not deprived of a vested right; (2) Plaintiffs failed to present clear and convincing evidence that the statute was unconstitutional as applied to their claim; and (3) therefore, the medical malpractice statute of repose found in section 2305.113(C) does not extinguish a vested right and thus does not violate the Ohio Constitution. View "Ruther v. Kaiser" on Justia Law