We have been assigned a new case from the Kent County Jail. We will be defending Dr. Dolittle, the attending physician at the KCJ, who has been accused of failing to provide adequate medical care for a former inmate, Jasper Jansen. Mr. Jansen was serving a 90-day sentence for D.U.I. when he began to suffer symptoms that were later revealed to be colon cancer. The records custodian at the jail is sending over the file but told me over the phone that Jansen's file shows he submitted three sick call slips complaining of hemorrhoids during the first three days of his incarceration, and that he was seen by Dr. Dolittle during his second week of incarceration. Dr. Dolittle prescribed some Preparation H, but did not order any other diagnostic tests.Jansen continued to complain of symptoms including bleeding, and submitted four more sick call slips over the next two months, but never saw Dr. Dolittle again. Dr. Dolittle is responsible for reviewing all sick call slips and deciding which inmates require medical attention. Immediately upon discharge from the jail, Jansen saw his family doctor who ordered blood work and a colonoscopy. These tests revealed the presence of cancer, which is now Stage 3 and has invaded other organs.

Jansen has filed suit against Dr. Dolittle for violations of his civil rights under 42 U.S.C. 1983 and Delaware law. Specifically, he claims that by failing to order bloodwork and a colonoscopy, and by failing to follow up when Jansen's symptoms did not subside, Dr. Dolittle was deliberately indifferent to his serious medical needs. He has not sued anyone else at the jail, nor has he sued Dr. Dolittle for the tort of medical negligence. His lawsuit is limited to a claim of violation of constitutional rights under the Civil Rights Act, 42 U.S.C. 1983.

I have a conference call tomorrow afternoon with Dr. Dolittle and a representative of the insurance company.I need to be prepared to advise on whether Dr. Dolittle is exposed to liability. Please research this issue and prepare a memorandum that addresses whether Dr. Dolittle is likely to be held liable for a civil rights violation for failure to provide adequate medical care.

In addition, is there a statute in the Delaware Code that provides that an inmate can be transported outside of the jail for a colonoscopy? If so, what is it and what does it provide? Does it impact our defense of Dr. Dolittle?

Draft a legal Memo

No reference is provided