· 5/19/2016
Friedberg v. Pena
Citations
- 52 Misc. 3d 339
- 32 N.Y.S.3d 473
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that deliberate indifference is something more akin to criminal recklessness rather than mere negligence
- noting that a delay in treating non-life-threatening but painful conditions may constitute deliberate indifference if the delay exacerbated the injury or unnecessarily prolonged an inmate’s pain
- noting the plaintiff failed to provide evidence that chronic understaffing at the health care unit harmed him
- affirming summary judgment for Wexford on claim that health care unit was chronically understaffed where there was no evidence that understaffing harmed prisoner
- nurse was not deliberately indifferent to inmate’s burst abscesses, even though she did not physically examine the plaintiff or consult a physician, because the evidence supported negligence at most
- “As a general matter, a nurse can, and indeed must, defer to a treating physician’s instructions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Giacomo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.