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· 5/25/2012

Wilhelm v. Rotman

Citations

  • 680 F.3d 1113
  • 2012 WL 1889786
  • 2012 U.S. App. LEXIS 10647

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that 15 negligence in failing to provide adequate medical care does not give rise to a constitutional 16 violation
  • holding that, because the defendant did not believe 22 plaintiff was suffering from a hernia, his decision to not operate was a mere “negligent 23 misdiagnosis” rather than deliberate indifference
  • noting that one doctor's difference of opinion with another doctor’s opinion is “insufficient to establish deliberate indifference”
  • noting that screening pursuant to § 1915A “incorporates the familiar standard 6 applied in the context of failure to state a claim under [Rule] 12(b)(6)”
  • noting that § 1915A screening “incorporates the familiar standard 7 applied in the contest of failure to state a claim under [Rule] 12(b)(6)”
  • noting that a provider is not indifferent to a plaintiff's needs simply by reaching a different diagnosis than another provider

Source: CourtListener parenthetical corpus (CC0).

Judges: Schroeder, O'Scannlain, Graber

Read full opinion on CourtListener

Sourced 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.