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Discontinuing MS Medication Not Deliberate Indifference  

Author:  Ken Kozlowski.

Source: Volume 20, Number 02, January/February 2019 , pp.23-24(2)

Correctional Health Care Report

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When a prisoner claims that medical treatment was unconstitutionally delayed, the objective seriousness of the medical need is measured by the effect of delay in treatment. To establish that objective seriousness, the prisoner must place verifying medical evidence into the record to demonstrate that the alleged delay in treatment caused harm and had some detrimental effect. In Barr v. Pearson, 2018 WL 6174866 (8th Cir. Nov. 27, 2018), a federal appeals court affirmed the district court’s grant of summary judgment as to all of the defendants. This article examines the claims made by plaintiff, how defendants refuted these claims, and why careful record keeping is the best way to substantiate levels of care in the eventuality you wind up in court.

Keywords: Independent Medical Judgment

Affiliations:  1: Supreme Court of Ohio Law Library.

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