QUESTION
Does my husband have grounds for a lawsuit for not getting proper medical care in jail?
Asked on Nov 10th, 2011 on Personal Injury - Montana
More details to this question:
My husband is currently in jail. He suffered from a collapsed lung a few weeks ago and repeatedly asked to see a doctor for chest pain because the nurse kept telling him he was "fine" and gave him ibuprofen. Eventually he was not "fine" and had to be transported to a medical center immediately and had a 5 day hospital stay to which the doctors were surprised he was in such high spirits as they said he could have died because of his condition. He had gone to the nurse in the jail multiple times for the same chest pain about 3-4 times over the span of a year and each time they would not let him see a doctor, until the most recent time which resulted in the hospital stay. This is all documented with both the jail and the hospital and we are wondering if there is a case against the county for not providing adequate medical care to him when he needed it?
10 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, he does. You need to retain an attorney skilled & experienced in bringing medical malpractice cases.
Answered on Jun 02nd, 2013 at 9:43 PM
Assault Attorney serving Richardson, TX
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If he has permanent injury because of the mistreatment and loss of income he may have a case. Public institutions are difficult defendants to get a judgment against.
Answered on Nov 14th, 2011 at 1:02 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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He may have a case if he now has some permanent medical condition that would have been avoided had he gotten earlier care. If the ultimate outcome is the same as it would have been had he gotten proper treatment earlier, then the case might not be worth brining. He might be entitled to some damages for temporary pain and suffering, but it is probably not worth much.
Answered on Nov 11th, 2011 at 8:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have several problems. "Could have died" means nothing. He didn't and he apparently is OK now. That is the biggest problem you have as you consider a lawsuit. Secondly, what he says and what the jail records say are probably 2 different things. You really don't think the jail nurse would put damaging information in the medical file do you? The nurse probably has a different take and has probably recorded that take in the record. Finally it is hard to get medical care at your command while you are in custody at the same level as if you were free. And finally, you would have to get a doctor to testify for you. That could be expensive and because of the things listed above he might not agree with you. You could pay a doctor to review the chart and then be advised that he thinks the standard of care was met.
Answered on Nov 11th, 2011 at 9:58 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If they deliberately withheld medical treatment in order to make him suffer, that is a violation of his civil rights.
Answered on Nov 11th, 2011 at 9:37 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It sounds as if there was deliberate indifference to his medical needs and thus a violation of his civil rights. On the other hand, almost dying is not a big enough injury to allow most lawyers sufficient damages to pursue the case. Good Luck.
Answered on Nov 11th, 2011 at 9:02 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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For a medical malpractice case to be worth pursuing there must be substantial permanent injuries. These kinds of cases are expensive and labor intensive. Only a severe injury warrants the costs, commitment and risk of loss that an attorney must assume.
Answered on Nov 11th, 2011 at 8:51 AM
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Yes, but it is not worth pursuing.
Answered on Nov 11th, 2011 at 3:03 AM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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He does have a case.
Answered on Nov 11th, 2011 at 2:03 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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It would be very difficult to convince a jury to award money damages.
Answered on Nov 11th, 2011 at 12:13 AM