standard-of-care
26 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-691 | Lonnie Joseph Parker v. United States | Eighth Circuit | 2025-12-12 | Denied | Response Waived | controlled-substances criminal-conviction federal-regulation medical-prescription prescribing-authority standard-of-care | Whether a doctor can be convicted of unlawfully prescribing controlled substances under 21 U.S.C. § 841(a)(1) and 21 C.F.R. § 1306.04(a) based on a de… |
| 25-6005 | Sean D. Jones v. Kelly Strong, Warden, et al. | Fifth Circuit | 2025-10-31 | Denied | IFP | inmate-rights medical-indifference negligence prison-healthcare standard-of-care treatment-delay | (1) Did the failure by NP Tenorio ,failure to assure that the pl aintiff , Jones ,was seen by a specialist ,when the medication of which Tenorio had … |
| 25A310 | Ryan Thomas Thornton v. Ascension All Saints Hospital, et al. | Wisconsin | 2025-09-17 | Presumed Complete | hospital-negligence informed-consent medical-malpractice patient-rights sepsis standard-of-care | Question not identified. | |
| 24-1001 | Cotter Corporation, et al. v. Nikki Steiner Mazzocchio, et al. | Eighth Circuit | 2025-03-20 | Pending | CVSGAmici (1)Response RequestedResponse WaivedRelisted (2) | atomic-energy-act federal-preemption nuclear-safety price-anderson-act standard-of-care tort-liability | Whether federal nuclear safety regulations preempt state tort standards of care in public liability actions. |
| 24-525 | John L. Stanton v. United States | Sixth Circuit | 2024-11-08 | Denied | Relisted (2) | commerce-clause controlled-substances criminal-prosecution medical-practice standard-of-care statutory-interpretation | Whether the phrase to measure authorization under 21 U.S.C. § 841(a) can be applied in the disjunctive. If the phrase is applied in the disjunctive, … |
| 24-137 | Ronald Stuart Lubetsky v. United States | Eleventh Circuit | 2024-08-07 | Denied | commerce-clause controlled-substances criminal-law criminal-prosecution due-process medical-practice standard-of-care statutory-interpretation | Whether the phrase to measure authorization under 21 U.S.C. § 841(a) can be applied in the disjunctive. If the phrase is applied in the disjunctive, … | |
| 23-7538 | Jose Luis Garcia v. Kyeong Park | Ninth Circuit | 2024-05-22 | Denied | Response WaivedIFP | appellate-review civil-rights deliberate-indifference due-process judicial-discretion medical-care medical-malpractice qualified-immunity standard-of-care summary-judgment | Did the Court of Appeals Erred in Affirming Summary Judgment When There Is Evidence of Deliberate Indifference of Dr* Park? |
| 23-6673 | Lillian Akwuba v. United States | Eleventh Circuit | 2024-02-06 | Denied | Response WaivedIFP | controlled-substance criminal-procedure harmless-error intent-element jury-instruction jury-instructions medical-care mens-rea standard-of-care | In Ruan v. United States, 597 U.S. 450, 454 (2022), this Court held that to convict an authorized person of distributing a controlled substance under … |
| 22-1007 | Jericho Baptist Church Ministries, Inc., Jericho DC v. Bank of America, N.A. | Fourth Circuit | 2023-04-17 | Denied | Response Waived | account-control banking-negligence breach-of-contract business-account expert-testimony litigation-between-factions litigation-knowledge standard-of-care | Did the Fourth Circuit err in affirming a district court's ruling that a banking expert was required to establish the bank's ordinary standard of care… |
| 21-7111 | David Roy Worthy v. Corizon Medical Group, et al. | Sixth Circuit | 2022-02-14 | Denied | IFP | civil-rights delayed-diagnosis due-process government-liability informed-consent medical-malpractice medical-negligence patient-harm patient-rights professional-liability standard-of-care | When a delayed diagnosis is in effect, shouldn't the Dept. of Corrections be responsible? |
| 21-1008 | Andres Mencia v. United States | Eleventh Circuit | 2022-01-20 | GVR | Relisted (2) | criminal-conduct criminal-intent criminal-liability due-process expert-testimony good-faith-defense medical-practice medical-standard-of-care mens-rea prosecutorial-discretion standard-of-care | For more than a decade, the civil standard of care established for the practice of medicine has been utilized by federal prosecutors in criminal prose… |
| 21-741 | Thomas E. Parker, et al. v. Sea-Mar Community Health Center | Ninth Circuit | 2021-11-18 | Denied | appointment-billing dental dental-services double-billing false-claims-act fraud healthcare-billing medicaid medicaid-fraud standard-of-care | Does a plaintiff state a claim under the False Claims Act by alleging a purposeful scheme to fraudulently double rates charged to Medicaid for pediatr… | |
| 21-5208 | Samuel W. Wani v. George Fox University, et al. | Ninth Circuit | 2021-07-23 | Denied | Response WaivedIFP | abuse-of-discretion causation discovery discovery-violation expert-testimony fair-trial insurance-policy medical-malpractice medical-records standard-of-care | 1) Wani's failure to provide expert testimony regarding the standard of care and causation. I did provide expert testimony regarding the standard of c… |
| 20-7934 | John Patrick Couch v. United States | Eleventh Circuit | 2021-05-05 | GVR | Relisted (6)IFP | affirmative-defense controlled-substances criminal-procedure jury-instructions medical-practice standard-of-care | Did the trial court error by conflating the Valid defense of a crime as an element of that crime in its instruction to the jury regarding a physician … |
| 20-6378 | Brenda L. White v. Wishard Hospital | Seventh Circuit | 2020-11-19 | Denied | Response WaivedIFP | breach-of-trust equipment-failure medical-malpractice medical-negligence patient-rights patient-safety physical-therapy standard-of-care | Is it lawful for a medical professional to injure a patient and just walk away? Should a medical professional be held accountable for unreasonable tr… |
| 20-6223 | Brenda L. White v. Tavel | Seventh Circuit | 2020-11-05 | Denied | IFP | duty-of-care medical-malpractice medical-negligence negligence patient-rights professional-accountability professional-liability remedial-damages standard-of-care | 1. Is it lawful for a medical professional to injure a patient and just walk away? 2. Should a medical professional be held accountable for unreasonab… |
| 20-6222 | Brenda L. White v. Yang Acupuncture, et al. | Seventh Circuit | 2020-11-05 | Denied | IFP | damages medical-ethics medical-malpractice patient-consent patient-safety patient-trust professional-accountability professional-negligence standard-of-care unauthorized-treatment | 1. Is it lawful for a medical professional to injure a patient and just walk away? 2. Should a medical professional be held accountable for unreasona… |
| 20-217 | Richard Balter v. United States | Fourth Circuit | 2020-08-25 | Denied | expert-witness federal-tort-claims-act medical-malpractice proximate-cause standard-of-care virginia-medical-malpractice-act | Does the Virginia Medical Malpractice Act's requirement that a plaintiff possess a written opinion signed by an expert witness that, based upon a reas… | |
| 19-1313 | Donovan Dave Dixon v. United States | Fourth Circuit | 2020-05-22 | Denied | Response Waived | controlled-substances controlled-substances-act criminal-liability drug-trafficking gonzalez-v-oregon medical-malpractice medical-practice mens-rea standard-of-care | Whether juries must be instructed that the government must prove that a physician acted with the mens rea of intent as to issuing a prescription outsi… |
| 19-740 | Kayla Butts, Individually and on Behalf of Her Daughter, A. F., a Minor v. United States | Fourth Circuit | 2019-12-11 | Denied | Response Waived | appellate-review civil-procedure civil-procedure-52a evidence-consideration expert-testimony fact-finding federal-rules-of-civil-procedure federal-tort-claims-act medical-malpractice standard-of-care standard-of-review trial-court-deference | 1. Did the Appellate court violate Federal Rules of Civil Procedure 52(a) when it failed to consider all of the evidence before the trial court, inser… |
| 19-6498 | Andrea Rene'e Tootle v. Beaux Art Institute of Plastic Surgery, et al. | Fourth Circuit | 2019-11-05 | Denied | Response WaivedRelisted (2)IFP | abscess cellulitis civil-rights duty-of-care informed-consent medical-malpractice patient-harm plastic-surgery radiation-treatment standard-of-care surgical-consent tissue-expander | 1. Is defendant liable for HARM, MAIME, DISFIGUREMENT, MISUSE PATIENT TRUST, USE EXTREME CARE, PRACTICE OUTSIDE THE REALM OF PLASTIC SURGERY, FAIL TO … |
| 19-237 | James R. LaFrieda, et ux. v. Nancy A. Gilbert | Nevada | 2019-08-22 | Denied | civil-procedure civil-procedure-rule-50-b judicial-discretion judicial-misconduct jury-instructions jury-verdict professional-negligence proximate-cause punitive-damages standard-of-care statutory-interpretation trial-court-fact-finding | 1. Did the Nevada Supreme Court have the right in its Order of Affirmance to blatantly disregard past decisions of the U.S. Supreme Court as to statut… | |
| 19-5437 | Ekaterini Alexopoulos v. Steven Goldsmith, P.A., et al. | Florida | 2019-08-02 | Denied | IFP | district-court-error duty-to-control duty-to-control-third-person ethics-violation expert-witness federal-rules-of-evidence legal-malpractice rule-702 special-relation standard-of-care | 1. The issue presented by Petitioner's Writ of Certiorari in this legal malpractice case is not whether a properly instructed jury could have ruled in… |
| 18-927 | Emmanuel I. Mekowulu v. United States | Eleventh Circuit | 2019-01-17 | Denied | Response Waived | constitutional-vagueness criminal-conduct criminal-law criminal-law-procedure due-process ex-post-facto expert-testimony procedural-default standard-of-care vagueness | 1. Whether the government's expert's afterthe-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretatio… |
| 18-7264 | Joel E. Miller v. United States | Tenth Circuit | 2019-01-07 | Denied | Response WaivedIFP | controlled-substances controlled-substances-act criminal-liability drug-trafficking gonzales-v-oregon jury-instructions medical-malpractice medical-practice medical-practitioner prosecutorial-discretion standard-of-care united-states-v-moore | Because many controlled substances have medical uses, the Controlled Substances Act ("CSA") authorizes doctors and other medical practitioners to issu… |
| 18-337 | County of Orange, California, et al. v. Mary Gordon, Individually and as Successor in Interest to Matthew Shawn Gordon, Deceased | Ninth Circuit | 2018-09-14 | Denied | Amici (2) | 42-usc-1983 civil-rights constitutional-standard due-process eighth-amendment fourth-amendment medical-care objective-reasonableness pretrial-detainee qualified-immunity section-1983 standard-of-care | Whether a pretrial detainee's "inadequate medical care" claim pursuant to 42 U.S.C. § 1983 requires a showing of a jail professional's subjective inte… |