Deliberate Indifference – 8th Amendment

By: Derek Hawkins//October 17, 2016//

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7^th Circuit Court of Appeals

Case Name: Calvin Whiting v. Wexford Health Sources , Inc. et al

Case No.: 15-1647

Officials: WOOD, Chief Judge, BAUER and SYKES, Circuit Judges.

Focus: Deliberate Indifference – 8^th Amendment

While serving a probation-revocation sentence in an Illinois prison, Calvin Whiting fell ill with what turned out to be a rare form of non-Hodgkin’s lymphoma. A prison doctor initially diagnosed an infection and prescribed antibiotics and nonprescription pain relievers. It

was not until two months later that the doctor ordered a biopsy and the cancer was discovered. Whiting filed this lawsuit under 42 U.S.C. § 1983 against the prison doctor and the prison’s private medical provider alleging that they were deliberately indifferent to his serious medical needs during the two months that his cancer went undiagnosed. The district court granted summary judgment to both defendants. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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