When someone acts carelessly and causes harm to another, a negligence claim may lie under Massachusetts law. In some situations, the injured individual may have another claim as well. For example, the plaintiff in a recent case filed in federal court alleged that she had been the victim of negligence with regard to certain medical care (that she claimed she needed while a pre-trial detainee), while also asserting a civil rights claim under civil law. If you have questions of this nature, be sure to reach out to a Massachusetts personal injury attorney for answers.
Facts of the Case
The plaintiff in a recent federal case was a pre-trial detainee at a correctional institute. She filed suit against the defendants, a doctor and the healthcare group that employed him, seeking compensation for injuries she allegedly suffered due to the worsening of a medical condition that she had had for some time. According to the plaintiff, she had psoriasis and psoriatic arthritis and had been taking a certain medication prior to being lodged at the correctional institute (from which she was eventually released). She claimed that the defendants should have allowed her to continue taking that particular medication (rather than a combination of less expensive alternatives) and that their failure to do so amounted to a violation of her civil rights under federal law and also constituted negligence under Massachusetts state law.
The United States District Court for the District of Massachusetts granted summary judgment to the defendants on the plaintiff’s federal claim, holding that a reasonable jury could not find that there was deliberate indifference to the plaintiff’s serious medical needs by the defendants. The court also dismissed (without prejudice) the plaintiff’s negligence claim after ruling that she did not have a viable claim under federal law. The plaintiff appealed.