QUESTION

My inmate son didn't get proper med. treatment til 2 days after assault. Has lost vision in one eye. Can he sue?

Asked on Oct 17th, 2017 on Civil Rights - New York
More details to this question:
He also was denied perscription meds until 2 days after that. Assualt on 9/5/17. Now last week an IAg officer in a follow up investigation told him to get a lawyer. Is this pursuable?
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
It all depends on what actually caused the loss of vision. If the assault cost him his vision, there's no case. If there was a possibility of saving his vision with timely treatment, he can absolutely sue the prison for negligence, and possibly the doctors for medical malpractice.  It all depends upon whether a doctor who reviews his records can testify with a reasonable degree of medical certainty that but for the delay, your son would not have lost his vision. If it's a case of improper treatment once he was seen by a doctor, it's the same standard to prove medical malpractice. But you MUST serve a notice of claim on the county or state (depending on which prison) within 90 days of the day of the injury = before December 4th- in order to preserve his claim. 
Answered on Oct 18th, 2017 at 3:58 PM

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