Special Rule for Medical Suits Inapplicable in Federal Courts

May 31, 2022, 1:56 PM UTC

A Washington detention center detainee who sued corrections officials in federal court can proceed with a state-law medical malpractice suit, despite his failure to comply with the state’s special pleading rules, the Ninth Circuit said.

Jeffery Martin’s state-law cause of action wasn’t barred because Washington’s medical malpractice pleading rules conflict with federal procedure and therefore don’t apply in federal court, the Ninth Circuit said.

Martin sued Pierce County and its corrections officials under the Eighth Amendment for failing to provide him with timely medical care for a progressively worsening eye condition ultimately diagnosed as severe ocular hypertension.

The detainee claimed ...

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