QUESTION
An inmate was injured in jail 7/2016. Hand is still broken 6/2017 and the jail did not treat him properly. Is this a deliberate indeferance case?
Asked on Jun 26th, 2017 on Personal Injury - New York
More details to this question:
Inmate injured 7/2016 in monroe county jail. He made several attempts to receive treatment, for several months until 11/2016. He was transferred to Mohawk correctional where he made the same attempts to get treatment. he was x-rayed and told his hand was healing from a fracture. With continued pain he made more attempts for treatment feeling his hand was broken. 6/2017 he was seen by an outside provider who stated when he broke His hand in july 2016 he pushed the bone up and he healed incorrectly. His hand needs surgery to correct the problem, but is not recommended because he went without a cast for almost a year. The hand arthritis now and he will be in pain for the rest of his life. What can we do?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Unless you served a notice of claim on the county within 90 days of your original injury (which is, I assume, when you first reported the injury) your action against the county for civil rights abuse for failure to get you prompt treatment is barred by the statute of limitations. If the doctor you saw in November 2016 was not employed by a state or county hospital, you might have an action for medical malpractice, since the second doctor told you the bone healed incorrectly, and in November 2016 it was still healing. However, if it's a state or county facility, you have the same problem- unless you served a notice of claim on the county within 90 days of your original injury, any action against the facility is barred by the statute of limitations.
As I write this, there is a bill on it's way to Governor Cuomo for signature into law that would extend the statute of limitations for medical malpractice to the date of discovery of the malpractice. Unfortunately, the law is being passed too late to help you if there was malpractice committed by a doctor employed by a state or county facility.
Answered on Jun 26th, 2017 at 2:57 PM