Bemer v. Correctional Medical Services Inc.
2:10-cv-12228
E.D. Mich.Feb 23, 2011Background
- Plaintiff Bemer, a former prisoner, alleged defendants Deliberate indifference to a foot injury under 42 U.S.C. § 1983.
- Injury occurred June 7, 2007 at Southern Michigan Correctional Facility during baseball activity.
- N.P. Wolcott treated the injury on June 11, including x-ray ordering and immobilization; Motrin, crutches, and ice were prescribed.
- X-ray showed a non-displaced fracture of the fifth metatarsal with old ankle changes; follow-up planned with orthopedics.
- Dr. Ikram treated Bemer twice (July 5 and August 2, 2007); provided a fracture boot and clearance to return to work; subsequent imaging indicated healing.
- Plaintiff claimed delayed treatment and inadequate care; moving defendants moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there deliberate indifference to a serious medical need? | Bemer argues defendants ignored a serious foot injury. | Ikram and Wolcott provided medical evaluation, imaging, immobilization, and follow-up plans. | No deliberate indifference. |
| Did treatment constitute gross negligence under state law? | Treatment was grossly negligent and inadequate. | Care provided followed standard immobilization and pain management practices. | No gross negligence. |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (establishes Eighth Amendment medical-care standard)
- Wilson v. Seiter, 501 U.S. 294 (U.S. 1991) (deliberate indifference requires subjective and objective components)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (defines subjective component of deliberate indifference)
- Comstock v. McCrary, 273 F.3d 693 (6th Cir. 2001) (deliberate indifference requires substantial risk awareness)
- Terrance v. Northville Reg'l Psychiatric Hosp., 286 F.3d 834 (6th Cir. 2002) (grossly inadequate care defined; objective standard)
- Mandel v. Doe, 888 F.2d 783 (11th Cir. 1989) (second-guessing medical judgments is disfavored)
- McCarthy v. Place, 313 Fed.Appx. 810 (6th Cir. 2008) (limited review of medical treatment decisions)
- Westlake v. Lucas, 537 F.2d 857 (6th Cir. 1976) (courts defer to medical judgment when care provided)
- Jones v. Muskegon County, 625 F.3d 935 (6th Cir. 2010) (gross negligence standard is less stringent than deliberate indifference)