Professional Documents
Culture Documents
John J. O'Connor with whom Allen N. David and Peabody & Arn
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were on brief for appellant.
Thomas M. Elcock with whom Morrison, Mahoney & Miller was
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____________________________
brief for appellees Phin Cohen, M.D. and Ronald Goldberg, M.D.
Herbert C. Hanson, Senior Litigation Attorney, Massachuse
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Department of Correction, with whom Nancy A. White, Special Assist
_______________
Attorney General, was on brief for appellees Clair Wilson and Eve
Alborghetti.
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*Of the Eighth Circuit, sitting by designation.
Per Curiam.
__________
Gilbert
provision to
him
of
medical
Amendment violation in
treatment.
main
painful complications
The
that were
too late to
eventually overcome.
and Dias
appeals.
judgment in favor of
Although the appeal
the
is not
that the
14-page opinion
constitutional
standard
and
of
need
not
misconduct
the district
be repeated.
in
such
The
case--
particular
set
of facts.
The
question
is whether
a
As
the district court said, the choice between trial and summary
judgment is often a matter of degree.
-2-2-
At
to Dias for
the pain
his symptoms
severity of
provided
should
he reported.
have alerted
them
them
with
vomiting) that he
any fault in
the
full
While
to the
nature
is no indication
list
of
and
that he
symptoms
he says that
(nausea,
If there was
it was at most
garden
all.
The
next
to see
Goldberg.
He
immediate
surgery,
about
10:30 p.m.,
primary physician.
was
Dias, at
responsible
and contacted
There is
for the
Dr.
Cohen,
no evidence that
wait
of several
was Dr.
recommended
who was
the
Dr. Goldberg
hours
that Dias
This theory
not liable.
It
of October 2.
resolve
on
operated more
It
this
is possible--the matter
record--that
quickly.
But once
the
is difficult
hospital
should
to
have
sent to the
hospital,
he
was
in its
immediate
care
and
not in
Dr.
-3-3-
Cohen's.
Dias'
deliberate
argument,
therefore, is
indifference was
in failing
that Dr.
to
Cohen's
send Dias
to a
immediate
surgery
were
indicated,
provided for it
presumably
or (at worst)
hospital may
not make
have erred,
Dr. Cohen
indifference.
Affirmed.
_________
arranged
no reason
Of course, the
Lemuel
guilty of
that does
deliberate
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