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Case Law Update: Federal Tort Claims Act in the Context of Prisons

The recent decision in Gil v. Reed, No. 06-1414 (7/23/08) declared that an earlier District court decision where summary judgment was granted to Defendant prison officials in regards to a FTCA and a Section 1983 claim was erroneous. The Plaintiff claimed that the Defendant prison officials committed negligence and medical malpractice when the Plaintiff’s specialist’s treatment orders were not followed: Plaintiff’s prescribition for antibiotics was not filled and another prescription was prescribed for Plaintiff despite warnings by another medical specialist. The Court declared that a question existed if Plaintiff was harmed by one or more of the Defendant’s alleged acts and sufficient facts also existed to raise an Eight Amendment issue. The Case has been vacated and remanded so the personal injury negligence suit and medical malpractice suit will be resolved in the near future.