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From the Courts: Delusional Diagnosis Upheld for Poltergeist-Seeing Inmate; Vermont Prisoners Win Class Certification in Hepatitis C Suit  


Author:  Ken Kozlowski.


Source: Volume 21, Number 05, July/August 2020 , pp.79-81(3)




Correctional Health Care Report

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Abstract: 

In Israel v. Dept. of Corrections, 460 P.3d 777 (Alaska Mar. 20, 2020), the Supreme Court of Alaska found that, among other things, the DOC was not liable on medical malpractice claim given the unrebutted correctness of inmate’s diagnosis; and the appointment of expert advisory panel was not required to assist Israel in disproving his diagnosis. According to the court, in order to prove medical malpractice, Israel had to show that the doctors had not met the relevant standard of care. However, Israel did not present any expert evidence showing his diagnosis was incorrect, and his offer of proof that because of “inbreeding” among his family he possessed a rare genetic trait affecting his eyes that enables him to see poltergeists was “too incredible to be believed.” In the second decision reviewed here, West v. Gobeille, 2020 WL 1505677 (D.Vt. Mar. 30, 2020), Plaintiffs’ motion to certify the class action was granted. The complaint alleges that the Vermont DOC is denying or withholding curative HCV medications from inmates without medical justification in order to avoid the associated costs.

Keywords: Hepatitis C Treatment; paranoid schizophrenia

Affiliations:  1: Ohio Supreme Court Law Library.

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