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Payne v. Shumake12/15/1999
AFFIRMED
ALAN E. HIGHERS, J.
CONCUR:
DAVID R. FARMER, J.
HOLLY KIRBY LILLARD, J.
Robert Clarence Payne appeals from the Circuit Court of Hardeman County, which dismissed his pro se complaint against the defendants Leslie Shumake, Alan Bargery, and Corrections Corporation of America.
Facts and Procedural History
Robert Payne ("Appellant") was, at the time this dispute arose, confined as an inmate at the Hardeman County Correctional Facility ("HCCF") in Whiteville, Tennessee. HCCF is a correctional facility operated by one of the named defendants, Corrections Corporation of America ("CCA" or "Appellee"). Alan Bargery ("Appellee") is the warden of the Hardeman County Facility. Leslie Shumake ("Appellee") is a medical doctor licensed to practice in Tennessee who was hired by CCA to provide medical services at HCCF. The complaint arises out of the alleged malpractice of Shumake in rendering medical services to the appellant.
Payne, who appears to suffer from high-blood pressure, was called to the infirmary at HCCF on June 6, 1998 for the purpose of having his blood pressure checked. On this visit, Payne informed Shumake of pains emanating from his (Payne's) right testicle. The pain traversed Payne's right hip, then traveled along his lower back to the area of his left testicle. Payne alleges that Shumake's medical evaluation consisted of " laintiff's right testicle being felt." Payne alleges that no further examination occurred. As a result of the examination, Shumake diagnosed the pain as deriving from an infection and prescribed a seven- day regimen of amoxocillin. The pain persisted and Payne again visited Shumake complaining of the same symptoms. The complaint alleges that Shumake "examined Plaintiff's testicles by feeling them and prescribed Doxycycline for one week at two a day." A third visit relating to the same symptoms culminated in a verbal confrontation between Shumake and Payne. Dr. Shumake allegedly stated that he did not know what was wrong with Payne and he could not spend any more money in treating him. Payne filed a grievance with the grievance committee at HCCF through which he sought "adequate and meaningful medical attention." Appellee Alan Bargery denied Payne's grievance finding that Payne had received adequate medical attention.
On or about August 21, 1998, Payne was transferred to the West Tennessee State Prison where he was examined by Dr. William Potter in an intake examination. Payne described the same symptoms that he had described to Dr. Shumake and Dr. Potter conducted the same examination as had Shumake. Dr. Potter determined that Payne suffered from an infection and prescribed a fifteen-day cycle of Doxycycline. According to Payne, Dr. Potter stated that prior antibiotic cycles had not been prescribed in a sufficient number of days to cure the infection.
The original complaint in this action was filed on October 10, 1998, alleging that Dr. Shumake failed to properly diagnose and treat Payne's condition "in a manner consistent with his duties or within his expertise." Payne alleged that he was subjected to unnecessary pain and suffering due to Shumake's negligence. The complaint also asserted a cause of action against Alan Bargery and CCA due to their "inactions and indifference to his [Payne's] serious medical needs, and their duties within the provisions of Tennessee Department of corrections Policy, . . . and Tennessee Code Annotated ยง 41-21-204 et seq."
After the original complaint in this action was filed, Payne was seen by a Dr. Zaidia at the West Tennessee State Prison. After Payne described the same symptoms, Dr. Zaidia ordered bl
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