Jennifer L. Phillips obtained a summary judgment in favor of her emergency medicine physician
Jennifer L. Phillips obtained a summary judgment in favor of her emergency medicine physician on Sept. 2, 2020. The claim involved an alleged Federal civil rights violation against an emergency medicine provider for a single visit to a local emergency department concerning a shoulder injury. The court assumed that even if the physician was a state actor for purposes of a civil rights claim, that the Plaintiff did not present facts to demonstrate that the physician did not provide care which amounted to a deliberate indifference to the patient’s serious medical needs. The court noted that the physician was not responsible for the patient’s long-term care and an allegation of simple misdiagnosis does not rise to the level of a civil rights violation.