Personal Injury Law

Supreme Court Nixes Suit Over Immigrant?s Death

By Edward Bills

The U.S. Supreme Court unanimously ruled Monday that the family of a Los Angeles-area immigrant who died of cancer that wasn’t treated while he was federal detention cannot pursue damages against government doctors for medical negligence. Over an 11-month period in 2006, correctional facility doctors refused to perform a biopsy of a growing lesion on Francisco Castaneda’s penis despite outside doctors’ recommendations. Castaneda was released in January 2007 and received treatment, but it was too late; he died a year later of cancer. Justice Sonia Sotomayor said in her ruling that a damage suit against the government itself is the “exclusive” remedy for victims of medical errors or negligence.

Full post as published by Bodily Injury Blog on May 04, 2010 (boomark / email).