Does the failure to appoint an expert in a medical malpractice case constitute a constitutional violation?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sims, 617 F.2d 1371 (9th Cir. 1980):
We recognize that the government's duty "to provide an indigent criminal defendant with the essential tools of trial defense is of both a constitutional and statutory dimension." United States v. Rosales-Lopez, 617 F.2d 1349, 1355, (9th Cir., 1980). Sims does not attempt to explain, nor are we able to perceive, how the failure to appoint an expert rose to the level of a constitutional violation in this case.
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