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Abstract: 

The US Supreme Court recently overturned a 2008 decision from the 9th Circuit, fi nding that the Federal Tort Claims Act ( FTCA), 42 U.S.C. §233(a), does confer immunity upon employees of the Public Health Service for acts performed in the course of their medical duties. Francisco Castaneda alleged that the medical care he received while in custody had been so inadequate that it amounted to malpractice and a violation his constitutional rights. “Current Health Problems” Not Required for Deliberate Indifference Jerry Flanory, a state inmate, was placed on room restriction for 337 days during his incarceration at Newbury Correctional Facility (NCF).Consequently, he lost his indigent status and was unable to purchase items of personal hygiene, such as toothpaste. Flanory did not have any dental problems at his dental checkup about two months before losing indigent status. However, eleven months later he had a toothache and periodontal disease of the gums, which necessitated the extraction of a tooth.

Keywords: malpractice, biopsy, outside specialist, 233(a), PSIB, educational status, eighth amendment

Affiliations:  1: Pace University School of Law Library.