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From The Courts: Inmate Can Sue Dentist; Charge of Delayed Medication Not Proved  


Author:  Ken Kozlowski.


Source: Volume 21, Number 06, September/October 2020 , pp.95-97(3)




Correctional Health Care Report

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Abstract: 

Inmate Can Sue Dentist Over Pulled Tooth. In Gaffney v. Perelmuter, the Second Circuit Court of Appeals affirmed the dismissal of plaintiff’s claim related to a dentist’s decision to extract a tooth, but looking at the evidence in the light most favorable to plaintiff, held that a reasonable jury could find that the dentist acted with deliberate indifference during and after the extraction. Inmate Cannot Show Widespread Practice of Delaying Medications. In Hildreth v. Butler, the Seventh Circuit affirmed summary judgments granted to defendants Wexford, Butler, and Oakley, ruling that, although some delays in care had occurred in an Illinois prison, three instances of delays over a year and a half were not enough to show a widespread practice of delaying prescriptions.

Keywords: Gaffney v. Perelmuter, 805 Fed.Appx. 53 (2nd Cir. 2020); Hildreth v. Butler, 960 F.3d 420 (7th Cir. 2020)

Affiliations:  1: Ohio Supreme Court Law Library.

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