Hahn v. Walsh

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 13-1766
Decision Date: 
August 12, 2014
Federal District: 
C.D. Ill.
Holding: 
Affirmed and reversed in part and remanded
In section 1983 and state law actions alleging that defendants-prison officials and private medical providers failed to provide plaintiff-pretrial detainee with adequate medical treatment that resulted in plaintiff’s death from diabetic ketoacidosis, Dist. Ct. did not err in dismissing plaintiffs’ state law medical malpractice claim where plaintiff failed to submit affidavit from medical professional that was required under section 2-622 of Ill. Code of Civil Procedure. Ct rejected plaintiff’s claim that said affidavit was not required in instant federal proceeding based on diversity jurisdiction. Dist. Ct. erred, though, in making said dismissal with prejudice since: (1) dismissals under section 2-622 are normally without prejudice to allow plaintiff to amend her compliant by supplying requisite affidavit; and (2) Dist. Ct. did not make specific finding that failure to include affidavit was done in bad faith or that defendants would be prejudiced by allowing said amendment. Dist. Ct. did not err, though, in granting defendants’ motion for summary judgment with respect to plaintiff’s section 1983 action where plaintiff failed to present evidence of series of similar incidents involving diabetic ketoacidosis to support her claim that defendants’ lack of policies regarding appropriate treatment of diabetic prisoners who refuse insulin and/or blood sugar tests constituted deliberate indifference to plaintiff’s medical condition.