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7th Circuit: Staff should have told inmate to stop taking aspirin

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A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.

Maurice Gipson was taking aspirin to manage pain caused by a spinal disc disease. It was later determined that he needed surgery. The health company that helps the prison staff arrange for medical treatments outside of the prison notified the prison medical staff in writing that Gipson should stop all blood thinners five days before surgery.

The staff didn’t tell Gipson to stop taking the aspirin and he had serious complications from surgery because of internal bleeding. Evidence showed that the bleeding was caused by using aspirin, and it’s likely that the complications would have been avoided or lessened if he had stopped taking the drug at least five days before surgery.

Gipson sued under the Federal Tort Claims Act, claiming that because the prison’s medical staff didn’t advise him to stop using aspirin before the surgery, he suffered complications.

In Maurice Gipson v. United States of America, No. 09-2756, the 7th Circuit concluded that the Indiana rule governs this case, which requires a plaintiff in a medical malpractice claim to present expert evidence of the applicable standard of medical care unless the defendant’s conduct is “understandable without extensive technical input” or “so obviously substandard that one need not possess medical expertise to recognized the breach.”

The District Court granted summary judgment for the government because Gipson didn’t submit a medical expert’s opinion stating that by disregarding the directive, the prison’s medical staff violated the applicable standard of care.

Expert testimony would be necessary if there was a dispute as to when blood thinners should be stopped before surgery, but it’s conceded that five days was the minimum, wrote Judge Richard Posner. The only issue bearing on the standard of care is whether the prison’s medical staff was required to tell Gipson that aspirin is a blood thinner and that he must stop taking it at least five days before the surgery to try to prevent serious complications.

“It doesn’t require medical knowledge to answer ‘yes’ — indisputably, the staff should have told him,” wrote Judge Posner. “The ‘yes’ is so obvious in this case that Gipson should have been able to move successfully for partial summary judgment, establishing a breach of the standard of care and leaving only issues of causation and damages for further proceedings.”

Gipson presented expert evidence of causation in that the surgeon who operated opined that it was Gipson’s consumption of aspirin at least five days before the surgery that caused the complications. That opinion is in a medical report that is admissible. But there is conflicting evidence as to whether Gipson ran out of aspirin more than five days before his operation, as the government argued. The judges remanded for further proceedings.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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