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Likes v. Richland Correctional Institution1/12/2005
{ } "On October 30, 2003 Ronald Likes' ammonia level was 85. Liver Tests on August 9, 2004 found Ronald Likes' ammonia level to be 42 which is a 50 percent improvement.
{ } " *
{ } "To be referred to a gastroenterologist, one must have persistently elevated Alanine Aminotransferase Levels.
{ } "Mr. Likes has not been referred to a gastroenterologist because his Alanine Aminotransferase Levels are normal.
{ } "His Alanine Aminotransferase Levels on July 1st, 2004 were 30. The normal range is 10-35.
{ } " *
{ } "My care and treatment of Ronald Likes conformed to the applicable standard of care, and was in no way negligent."
{ } Here, defendant's own expert has established the standard of care for the treatment of plaintiff's Hepatitis C. Plaintiff has not provided any conflicting expert testimony. However, in plaintiff's affidavit he claims that the practices and procedures described by Dr. Williams were not performed on him. In fact, plaintiff denies that he received any treatment, education or mental health intervention after diagnosis of his disease.
{ } Upon review of the evidence submitted, and construing the evidence most strongly in plaintiff's favor, the court finds that there is a genuine issue of material fact and defendant is not entitled to judgment as a matter of law. Accordingly, defendant's motion for summary judgment shall be denied.
JUDGMENT ENTRY
A non-oral hearing was conducted in this case upon defendant's motion for summary judgment. For the reasons set forth in the decision filed concurrently herewith, defendant's motion for summary judgment is DENIED.
JOSEPH T. CLARK Judge
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