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Under Illinois law, a healthcare provider facing allegations of malpractice knows that the standard by which his or her actions will be judged is what a reasonably careful healthcare provider would do under the same or similar circumstances based upon testimony provided by expert witnesses from the same area of practice. However, physicians and healthcare providers practicing in prisons, jails, and detention facilities will find that their decisions will be adjudicated under disparate standards that depend on a lay jury’s understanding of “objective unreasonableness.”

History of the Standard Used for Evaluating §1983 Claims Against Healthcare Providers

Section 1983 provides a

Continue Reading What is Objectively Unreasonable Healthcare? Has the Implementation of Kingsley v. Hendrickson Caused an Unworkable Standard for Evaluating a Healthcare Professional’s Medical Decision- Making Under Section 1983?