Have you ever tried a " deliberate indifference " case? A deliberate what you say....Well, don't worry most trial lawyers have not tried one. These cases arise when an entity who "is acting under color of state law" refuses to treat or provide medication for a serious medical need. This 8th amendment violation triggers a cause of action under 42 U.S.C. 1981 et. seq.(Yes attorneys fees and all).
So an individual is arrested for violating an order of protection. When he is arrested his "seizure medication " is confiscated. Over the course of the next three days during nurses rounds and otherwise the plaintiff continues to request his meds[documented requests] but he is continually denied.
So what does the correctional facility do? You guessed it; They put him on a top bunk in his cell....and of course he seizes, fall and breaks his neck. Well I tried this case in N.J. Verdict for the plaintiff plus attorney's fees. Defendants' put us through hell! Including an emergent appeal during preparation of the verdict form by the trial judge.
Draining, but it was a worthwhile endeavor. These can be good cases.
Well, try one....Oh and keep your time sheets.
Good luck.
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