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Hinsberger v. State8/23/2002
No. 5609
I. INTRODUCTION
Daniel Hinsberger brought suit against the State of Alaska for medical negligence and negligent infliction of emotional distress (NIED) for treatment Hinsberger received while incarcerated. The superior court granted the state's motion for partial summary judgment on the issue of medical negligence because the state submitted expert testimony that the care provided to Hinsberger met the appropriate standard of care, and Hinsberger did not rebut that evidence. The superior court then granted another motion for partial summary judgment in favor of the state on the NIED claim because Hinsberger would be unable to establish breach of a pre-existing duty in light of the summary judgment on the medical negligence claim. Because Hinsberger failed to demonstrate how he would prove breach of a pre-existing duty, we affirm the superior court's grant of summary judgment.
II. FACTS AND PROCEEDINGS
A. Facts
On December 20, 1993, in the course of a physical altercation with his ex-wife, Daniel Hinsberger was kneed in the groin and he passed blood in his urine for about two days. He was charged with assault in the fourth degree in connection with the incident, and in January 1994 he was taken into custody and transported to the Wildwood Pretrial Facility (Wildwood). Hinsberger was examined by Wildwood medical staff for complaints of severe pain on his right side and blood in his urine the day he was incarcerated. Hinsberger was released from custody the next day and the criminal charges were later dismissed. Hinsberger was again incarcerated a few days later for a different offense and transported to Wildwood.
On January 11 Hinsberger complained of severe pain on his right side and was seen by Wildwood medical staff around 8:30 a.m. Hinsberger was transported to Central Peninsula General Hospital (Central Hospital) where he was seen by Dr. Cynthia Milbrant at 11:30 a.m. Hinsberger was then admitted to Central Hospital under the care of Dr. Gonzalo Fraser. That same day, an intravenous pyelogram (IVP) was obtained that revealed an obstruction. Hinsberger was released on January 12 and transported back to Wildwood. Also on January 12 he was transferred to Cook Inlet Pretrial Facility (Cook Inlet) in Anchorage so that he could receive medical care. That same day, Hinsberger was seen by Cook Inlet's medical personnel at approximately 8:00 p.m.
On January 14 Hinsberger was seen by Dr. Kevin Tomera in Anchorage. Dr. Tomera diagnosed Hinsberger with kidney stones that would probably pass in one month and recommended that Hinsberger drink a lot of fluids. Dr. Tomera advised Hinsberger to return if the kidney stones did not pass in one month because Hinsberger would need an IVP and probably stone manipulation. On the same day, Hinsberger was transferred to Homer where he went to the emergency room and was seen by Dr. Paul Eneboe around 9:00 p.m. Hinsberger was then transported to Wildwood and was seen by medical staff after his arrival.
Hinsberger claims that his pain medications on January 18 were inappropriately interrupted. Then, on January 19 Hinsberger was placed in medical segregation per Dr. Fraser's orders. Hinsberger was placed back on his pain medication on January 20. On January 24 Hinsberger was transferred back to Cook Inlet where he submitted his first request for health care that evening. Hinsberger filed a second request for health care on January 26. Hinsberger also claims to have filed on the same day a prisoner grievance that was returned to him because he used the wrong form. Hinsberger filed his third request for health care later that same day. On January 30 Hinsberger filed his
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