QUESTION
What legal rights does an inmate have if the jail gives them incorrect medication over a period of time?
Asked on Jul 28th, 2012 on Personal Injury - New Jersey
More details to this question:
Over the course of 30 days they switchd the medication she was on from 40mg prozak to 25mg paxil. When she came home and began 40mg prozak and had an episode. When she returned to jail after 30 days they have not given her any of her medications. We found out recently that they were aware of the mix up.
14 ANSWERS
Ronald A. Steinberg
There is a nasty law known as "governmental immunity" which prevents people from suing the government, its agencies, or its employees discharging governmental functions.
There are some very limited exceptions, and the only one that would apply to your case would be to prove GROSS NEGLIGENCE. Gross Negligence is action which is so stupid as to almost be intentional. I do not think that this case applies. That is my opinion, but of course, someone else could disagree. I see this as strictly ordinary negligence.
Answered on Aug 14th, 2012 at 10:41 AM
I've been appointed by the Federal Courts in Iowa to represent inmates and I'm thoroughly convinced jurors don't do their job because the injured party is an inmate. So the lawyer's time commitment is a complete waste.
Jails and prisons are a mean and nasty place to live; the staff is ill equipped to handle all the problems and unless they kill or permanently maimed or else falsely convicted you these cases are not economically feasible to pursue. False conviction cases I will handle but the rest are a complete waste of the lawyers resources because frankly no one seems to care.
Answered on Aug 14th, 2012 at 10:41 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The jail could be held liable for any damages caused by the mixup. I'm not sure if there are significant enough damages here to justify a suit, however.
Answered on Aug 14th, 2012 at 10:41 AM
You may have a cause of action for damages if she was harmed by the change in medications.
Answered on Aug 14th, 2012 at 10:39 AM
If she can prove negligence she might have a case but what are the damages? Also there are strict rules for tort claims involving governmental units.
Answered on Aug 14th, 2012 at 10:39 AM
Dennis P. Mikko
An inmate has a right to receive his/her proper medication. Failure to provide the proper medication could lead to a violation of the inmate's 8th Amendment rights. This matter should be evaluated by an attorney to determine if there was a violation.
Answered on Aug 14th, 2012 at 10:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The question is going to be her damages. Generally there is a duty to give inmates the correct medication.
Answered on Aug 14th, 2012 at 10:36 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You need a medical opinion as to the injury she sustained as a result of the mix-up. Was there a long lasting effect?
Answered on Aug 14th, 2012 at 10:36 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You do not describe any damages. In the absence of permanent injury, no attorney will take the case even though they mixed it up.
Answered on Aug 14th, 2012 at 10:36 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No case worth pursuing.
Answered on Aug 14th, 2012 at 12:57 AM
This is a civil rights violation and you'll have to retain a civil rights attorney for a possible lawsuit. Also try contacting your local ACLU (prisoner's rights) to investigate. Generally, people don't care about prisoners as they feel that the prisoners are getting what they deserve. That's why the police screw-up on purpose most of the time!
Answered on Aug 14th, 2012 at 12:53 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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People make mistakes. What was the harm done. If you prove harm done (by medical testimony) you may have a claim for damages) but you don't get money by catching people in mistakes. You get money damages by proving you have been significantly harmed by someones error. If you can do that you are OK.
Answered on Aug 14th, 2012 at 12:21 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the incorrect medication caused harm or damage to the inmate, she can sue the administration for negligence.
Answered on Aug 14th, 2012 at 12:19 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If she has injury as a result, file a Title 59 Claim. Find an attorney who will file against the State.
Answered on Aug 07th, 2012 at 4:24 PM