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Delaware Medical Contractor's Policies Deliberately Indifferent
A Delaware Superior Court has denied a motion to dismiss a complaint
alleging First Correctional Medical (FCM) was deliberately indifferent to
the serious medical needs of prisoner Gregory D. Smith, causing his death.
The suit alleged FCM's policies, procedures, and customs displayed a
continuous deliberate indifference to prisoners' serious medical needs by;
(1) failure to hire a regional medical director to oversee incarcerated
prisoners; (2) failure to maintain adequate staffing levels of nurses and
physicians at the infirmary; (3) practice of refusing to authorize
necessary outside medical care when it was believed the prisoner would be
released soon; (4) practice of medical care by telephone; (5) practice of
routinely withholding medical treatment for profit; and (6) establishment
of an HMO type organization whereby all outside medical referrals must be
approved by FCM headquarters in Arizona which has resulted in substantial
delay and denial of necessary treatment by individuals who were without
adequate knowledge to make such determinations.
FCM conceded that Smith had serious medical needs of sickle cell disease,
wound treatment and rheumatoid arthritis. The complaint alleged
absolutely zero effort to treat Smith's medical conditions. As such, the
court held a cause of action was stated and denied FCM's motion to dismiss.
See: Smith v. First Correctional Medical, Superior Court of Delaware,
Case No. 04C-12-028 WLW; 2005 Del. Super. Lexis 273.
alleging First Correctional Medical (FCM) was deliberately indifferent to
the serious medical needs of prisoner Gregory D. Smith, causing his death.
The suit alleged FCM's policies, procedures, and customs displayed a
continuous deliberate indifference to prisoners' serious medical needs by;
(1) failure to hire a regional medical director to oversee incarcerated
prisoners; (2) failure to maintain adequate staffing levels of nurses and
physicians at the infirmary; (3) practice of refusing to authorize
necessary outside medical care when it was believed the prisoner would be
released soon; (4) practice of medical care by telephone; (5) practice of
routinely withholding medical treatment for profit; and (6) establishment
of an HMO type organization whereby all outside medical referrals must be
approved by FCM headquarters in Arizona which has resulted in substantial
delay and denial of necessary treatment by individuals who were without
adequate knowledge to make such determinations.
FCM conceded that Smith had serious medical needs of sickle cell disease,
wound treatment and rheumatoid arthritis. The complaint alleged
absolutely zero effort to treat Smith's medical conditions. As such, the
court held a cause of action was stated and denied FCM's motion to dismiss.
See: Smith v. First Correctional Medical, Superior Court of Delaware,
Case No. 04C-12-028 WLW; 2005 Del. Super. Lexis 273.
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Related legal case
Smith v. First Correctional Medical
| Year | 2005 |
|---|---|
| Cite | Superior Court of Delaware, Case No. 04C-12-028 WL |
| Level | State Trial Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |