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Medical Record Must Support Diagnostic Change  


Author:  Fred Cohen.


Source: Volume 20, Number 04, November/December 2018 , pp.59-60(2)




Correctional Mental Health Report

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Abstract: 

In Mercado v. Connecticut DOC, 2018WL2390139 (D. Conn.), Judge Vanessa Bryant struggled mightily to be balanced and fair in assessing inmate Mercado’s claims of inadequate mental health care for his serious mental illness. Plaintiff Mercado had previously been treated for bipolar and ADHD, but at a new facility, clinicians determined that anti-social personality and narcissistic personality disorder better fit Mercado’s symptoms. After repeated claims that he was being denied treatment, Mercado was placed in solitary. Differences of opinion over diagnosis and treatment do not constitute "deliberate indifference"—but there is also little in the record here to support the new diagnosis. Plaintiff argues that despite the appearance of diagnosis and treatment, he is not accurately diagnosed and, thus, is given inappropriate treatment. Defendants claim that treatment for bipolar or ADHD was inappropriate. Anti-social personality and narcissistic personality disorder better fit Mercado’s symptoms. Mercado faced summary judgment and lost some points but survived to fight another day on others.

Keywords: Mercado v. Connecticut DOC

Affiliations:  1: Executive Editor.

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