ROBERT HIGGS, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, AN AGENCY OF THE STATE OF FLORIDA; AND MANUELA F. DECESPEDES, M.D., IN HER INDIVIDUAL CAPACITY, APPELLEES

Fla. 1st DCA | 1994-12-07
No. 93-2308
JOANOS, LAWRENCE and DAVIS, JJ., concur.
647 So. 2d 962 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 14 cases

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Synopsis

An inmate filed a § 1983 action alleging a prison physician was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The trial court dismissed the complaint, reasoning it was based merely on the failure to order x-rays. The appellate court reversed, holding that the allegations of significant unexplained delays in diagnosis and treatment, despite obvious injuries and multiple requests for care, stated a cognizable claim for deliberate indifference distinct from the simple disagreement over treatment in Estelle v. Gamble.


Holding

The court held that the complaint stated a cognizable claim for deliberate indifference. The allegations of significant, unexplained delay in providing appropriate diagnosis and treatment despite numerous attempts by the inmate to obtain medical assistance, combined with the obvious nature of the injuries and the later identification of treatment needs by other physicians, are sufficient to allege acts or omissions evidencing deliberate indifference to serious medical needs, distinguishing this case from Estelle v. Gamble.


Headnotes

[1] A prisoner states a cognizable claim for deliberate indifference to serious medical needs by alleging acts or omissions sufficiently harmful to evidence such indifference…

[2] Medical care that is so cursory as to amount to no treatment at all may constitute deliberate indifference when the need for treatment is obvious.

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Key Quotes

“In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.”

Establishes the legal standard for stating an Eighth Amendment claim for deliberate indifference to serious medical needs

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Facts & Procedural History

Robert Higgs, a prison inmate at Charlotte Correctional Institution, made numerous visits to the prison clinic complaining of an injury. Dr. Manuela F…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order granting a motion to dismiss for failure to state a cause of action. Appellant, an inmate, alleged in an action brought under 42 U.S.C. § 1983, that appellee, a physician at Charlotte Correctional Institution, in her individual capacity, was guilty of deliberate indifference to his serious medical needs in violation of the eighth amendment to the U.S. Constitution. See Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).

In the motion to dismiss for failure to state a cause of action, appellee asserted that appellant’s complaint was “based on the failure of a prison doctor to order x-rays,” and further asserted that “[t]he United States Supreme Court has stated emphatically that the failure to order x-rays does not rise to the level of a constitutional violation,” citing Estelle v. Gamble. In granting the motion to dismiss, the trial court stated that the allegations in the complaint were insufficient to support a claim for deliberate indifference, apparently accepting appellee’s argument that the complaint was based on the failure to order x-rays.

Appellee maintains on appeal that this case is indistinguishable from Estelle, and is based on the failure to order x-rays. Appellant argues the allegations in the complaint indicate appellee severely mismanaged or was grossly incompetent in dealing with appellant’s injury, and that this case is distinguishable from Estelle, in that it is not simply a case in which the prison medical staff and the inmate disagreed about treatment, and it is not based on the mere failure to order x-rays. We agree with appellant. Although in both Estelle and in the allegations of the instant case, the inmates made numerous visits to the prison clinic with their complaints, the present case does not involve a unanimous medical staff in disagreement with an inmate as did Estelle. Nor is it based on the mere failure to order x-rays. “In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.” Estelle v. Gamble, 429 U.S. at 106, 97 S.Ct. at 292. “When the need for treatment is obvious, medical care which is so cursory as to amount to no treatment at all may amount to deliberate indifference.” Mandel v. Doe, 888 F. 2d 783, 789 (11th Cir.1989). “[Ijndifference can be manifested by prison doctors in taking the easier and less efficacious route in treating an inmate,” and “medical care that is so grossly incompetent, inadequate, or excessive as to shock the conscience or to be intolerable to fundamental fairness violates the eighth amendment.” Rogers v. Evans, 792 F. 2d 1052, 1058 (11th Cir.1986). “Medical care so inappropriate as to evidence intentional maltreatment or a refusal to provide essential care violates the eighth amendment. ... Whether an instance of medical misdiagnosis resulted from deliberate indif- ferenee or negligence is a factual question requiring exploration by expert witnesses.” Id.

The present case involves allegations from which might be inferred a significant, unexplained delay in providing appropriate diagnosis and treatment, despite numerous alleged attempts by appellant to obtain medical assistance, ultimately rendering correction of an obvious facial deformity impossible, as well as allegations which indicate that the injuries and need for diagnosis and treatment were obvious to other physicians months after they initially occurred.

When reviewing an order granting a motion to dismiss for failure to state a cause of action, “it must be assumed that all allegations in the complaint are true and all reasonable inferences must be drawn in favor of the pleader.” Abruzzo v. Haller, 603 So. 2d 1338 (Fla. 1st DCA 1992); see also Shahid v. Campbell, 552 So. 2d 321 (Fla. 1st DCA 1989). Applying the standards set forth herein to the circumstances of this case, we conclude the trial court erred in granting the motion to dismiss.

REVERSED and REMANDED for further proceedings consistent with this opinion.

JOANOS, LAWRENCE and DAVIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …laint and reasonably deductible inferences therefrom, but need not accept internally inconsistent factual claims, conclusory allegations, unwarranted deductions, or mere legal conclusions made by a party); Higgs v. Florida Department of Corrections, 647 So. 2d 962 (Fla. 1st DCA 1994); Abruzzo v. Haller, 603 So. 2d 1338 (Fla. 1st DCA 1992). Whether a complaint is sufficient to state a cause of action is an issue of law. Consequently, the ruling on a motion to dismiss for failure to state a cause of action is s…
  • …v. Campbell, 552 So. 2d 321 (Fla. 1st DCA 1989). Likewise, the appellate court must accept the facts alleged in a complaint as true when reviewing an order that determines the sufficiency of the complaint. Higgs v. Florida Department of Corrections, 647 So. 2d 962 (Fla. 1st DCA 1995); McKinney-Green Inc. v. Davis, 606 So. 2d 393 (Fla. 1st DCA 1992). Whether a complaint is sufficient to state a cause of action is an issue of law.- Consequently, a ruling on a motion to dismiss for failure to state a cause of ac…
  • Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)
    …1999). The facts alleged in the complaint must be accepted as true. See Sarkis v. Pafford Oil Co., Inc., 697 So. 2d 524 (Fla. 1st DCA 1997). All reasonable inferences must be drawn in favor of the pleader. See Higgs v. Florida Dep’t of Corrections, 647 So. 2d 962 (Fla. 1st DCA 1994). A claim should not be dismissed with prejudice “without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of action.” Kairalla v. Joh…

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