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TN Prisoner States Medical Malpractice Claim Re: Failure to Provide Remedial Surgery
Sheila Proffitt, a Tennessee state prisoner, had a cast put on her broken
leg by Prison Health Services, Inc. (defendants). The cast was secured by
two bolts, which orthopedic physicians later said should be removed to
promote healing. Surgery for that purpose was approved but never done.
After Proffitt's release from prison six months later, she sued the
defendants in the Circuit Court of Davidson County, Tennessee for medical
malpractice under Tenn. Code Ann. § 29-26-115. The Circuit Court dismissed
on the defendants' motion for summary judgment, and Proffitt appealed.
On appeal, the Court of Appeals of Tennessee (Middle Section) at Nashville
found that a jury might find that the defendants had committed medical
malpractice. Therefore, they were not entitled to summary judgment. The
case was remanded to the Circuit Court to proceed to trial. See: Proffitt
v. Prison Health Services, Inc., Tenn. Court of Appeals, Case No.
010A1-9604-CV-00144 (1996) (unreported -- see 1996 WL 426779).
leg by Prison Health Services, Inc. (defendants). The cast was secured by
two bolts, which orthopedic physicians later said should be removed to
promote healing. Surgery for that purpose was approved but never done.
After Proffitt's release from prison six months later, she sued the
defendants in the Circuit Court of Davidson County, Tennessee for medical
malpractice under Tenn. Code Ann. § 29-26-115. The Circuit Court dismissed
on the defendants' motion for summary judgment, and Proffitt appealed.
On appeal, the Court of Appeals of Tennessee (Middle Section) at Nashville
found that a jury might find that the defendants had committed medical
malpractice. Therefore, they were not entitled to summary judgment. The
case was remanded to the Circuit Court to proceed to trial. See: Proffitt
v. Prison Health Services, Inc., Tenn. Court of Appeals, Case No.
010A1-9604-CV-00144 (1996) (unreported -- see 1996 WL 426779).
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Related legal case
Proffitt v. Prison Health Services, Inc.
| Year | 1996 |
|---|---|
| Cite | Tenn. Court of Appeals, Case No. 010A1-9604-CV-001 |
| Level | State Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |