Justia U.S. 10th Circuit Court of Appeals Opinion Summaries
Articles Posted in Health Law
Gray v. University of Colo. Hospital
Decedent Charles Gray sought treatment for epilepsy at Defendant University of Colorado Hospital. In the course of his withdrawal from medication, hospital staff left Decedent unattended and he died after suffering a seizure. Plaintiffs, decedent’s estate and family members, filed a 42 U.S.C. 1983 suit alleging that the hospital (and affiliated doctors, nurses, and staff) deprived Decedent of life without due process of law in violation of the Fourteenth Amendment. The district court granted Defendants' motion to dismiss the complaint for failing to state a constitutional claim. Plaintiffs appealed. Applying the appropriate legal standards, the Tenth Circuit affirmed, but for reasons somewhat different than those of the district court: "The state actor’s affirmative act creating the danger or rendering the victim more vulnerable to it does not constitute a constitutional deprivation." View "Gray v. University of Colo. Hospital" on Justia Law
Martinez v. Astrue
Plaintiff appealed the administrative law judge's ("ALJ") denial of his application for supplemental security income alleging that he became disabled beginning in March 20, 2005 due to depression, post-traumatic stress disorder, and schizoaffective disorder. At issue was whether the factual findings were supported by substantial evidence and whether the correct legal standards were applied. The court held that the ALJ did not follow the law in evaluating all the medical evidence from a licensed clinical psychologist, a licensed professional counselor, and a physician who diagnosed plaintiff with schizoaffective disorder. The court also held that the ALJ failed to apply the correct legal standards in assessing plaintiff's credibility, and alternatively, the ALJ's adverse credibility determination was not supported by substantial evidence.