No. 19-6872

James Ray Clark v. UNC Hospitals, et al.

Lower Court: Fourth Circuit
Docketed: 2019-12-05
Status: Denied
Type: IFP
IFP
Tags: civil-rights cover-up criminal-act criminal-law due-process healthcare-liability institutional-cover-up medical-malpractice medical-misconduct medical-negligence negligence patient-rights
Latest Conference: 2020-02-21
Question Presented (from Petition)

IF A DOCTOR PERFORMS EMERGENCY SURGERY ON A PETITIONER IN A COMA AND MAKES AN INCISION AT AN INCORRECT LOCATION, THEN STITCHES UP THE WOUND AND MAKES A SECOND CORRECT INCISION, HAS THE SURGEON COMMITTED A CRIMINAL ACT IF HE CONCEALS THE MISTAKEN INCISION?

IF A SURGEON NEGLECTED TO PROPERLY REVIEW PETITIONER'S IN COMA MEDICAL RECORDS UPON ARRIVAL AT HOSPITAL EMERGENCY ROOM ABOVE, RESULTING IN HIS NOT RECEIVING DAILY INSULIN FOR OVER 80-DAY PERIOD, CAUSING BOTH KIDNEYS TO SHUT DOWN, ENDING UP ON DIALYSIS FOR OVER ANOTHER MONTH, THAT CONCEAL THE SECOND NEGLIGENT ACT. HAS THAT DOCTOR COMMITTED A SECOND CRIMINAL ACT AND ENTITLING PETITIONER TO COMPENSATORY AND PUNITIVE DAMAGES?

AND

(3) WHAT IS THE DIFFERENCE?

Question Presented (AI Summary)

Has the surgeon committed a second criminal act by concealing the mistaken incision location and performing a second corrective surgery?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)

Attorneys

James Ray Clark
James Ray Clark — Petitioner