Tuesday, April 12, 2005

Tenth Circuit on ADA as a (Non)Remedy for Medical Negligence

Yesterday, the Tenth Circuit issued its opinion in Fitzgerald v. Corrections Corp. of America. The case involved a jail inmate with diabetes who fell and injured himself; he contended that jail officials failed to provide appropriate treatment for his injuries. The court of appeals held that the plaintiff's allegations failed to state an ADA or Rehabilitation Act claim, because "neither the ADA nor the Rehabilitation Act provide remedies for alleged medical negligence."


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