Professional Negligence Law Reporter

Medicine

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Deliberate indifference to inmate’s medical needs

November/December 2022

Bilal Hill, an inmate at Phelps County Jail in Rolla, Mo., who had a history of cigarette smoking, began to complain of extreme pain in his chest, back, neck, and shoulder. He was prescribed Tylenol and prednisone, but his pain increased, and he developed a baseball-size mass on his shoulder. He filled out multiple medical service requests, seeking X-rays and emergency medical treatment. Over the next approximately four months, Hill’s pain worsened, his voice changed, and he lost nearly 30 pounds. Hill was later referred to a hospital ER for an evaluation. This led to a diagnosis of Stage IV non-small cell lung cancer.

Hill died of his illness nine months later. He is survived by his sister.

Hill’s sister, on behalf of his estate, sued a physician, a nurse, and Advanced Correctional Healthcare, Inc., alleging medical negligence and deliberate indifference to medical needs. The plaintiff asserted that although the defendants were aware of Hill’s serious medical need, they disregarded his requests for additional treatment, including timely referral to an outside physician.

The jury awarded over $8 million.

Citation: Smith v. Advanced Corr. Healthcare, Inc., No. 4:20-CV-00804-JMB (E.D. Mo. May 26, 2022).

Plaintiff counsel: Charles C. Eblen, Brandon K. Gutshall, and Lindsey K. Heinz, all of Kansas City, Mo.