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Holding; In order to state a cognizable Section 1983 claim for a violation of Eighth Amendment rights, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs, and that medical malpractice did not rise to the level of "cruel and unusual punishment" simply because the victim was a prisoner.
Ybarra v. Spangard [1] was a leading case in California discussing the exclusive control element of res ipsa loquitur. "Where a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants who had any control over his body or the instrumentalities which might have caused the injuries may properly be called upon to meet the inference of ...
In May 1986, Manhattan District Attorney Robert Morgenthau agreed to let a grand jury consider murder charges, [15] an unusual decision for a medical malpractice case. [18] Although the jury declined to indict for murder, in 1987 the intern and resident were charged with 38 counts of gross negligence and/or gross incompetence.
Ex-Governor Andrew Cuomo committed "medical malpractice" and publicly undercounted the total number of COVID-related nursing home resident deaths during the worst period of the killer pandemic, a ...
By MIKE STOBBE ATLANTA (AP) -- Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades. But ...
Arseculeratne v. Priyani Soysa is a landmark and controversial case of alleged medical malpractice in Sri Lanka.Apart from being the first such case in recent times, it is also unique because the principal parties to the case were well known professionals of the country - lawyer Rienzie Arseculeratne (Plaintiff) and Emeritus Professor of Paediatrics, Priyani Soysa (Defendant).
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