Does my husband have grounds for a lawsuit for not getting proper medical care in jail? 13 Answers as of November 14, 2011

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?

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Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn

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.

Answer Applies to: Texas

Replied: 11/14/2011

David F. Stoddard | David F. Stoddard

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.

Answer Applies to: South Carolina

Replied: 11/11/2011

Paul Whitfield and Associates P.A. | Paul L. Whitfield

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.

Answer Applies to: North Carolina

Replied: 11/11/2011

Andrew T. Velonis, P.C. | Andrew Velonis

If they deliberately withheld medical treatment in order to make him suffer, that is a violation of his civil rights.

Answer Applies to: New York

Replied: 11/11/2011

R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly

There have been cases against jails for being negligent in the care of prisoners. See GREGOIRE V. CITY OF OAK HARBOR, 170 Wn.2d 628 (2010). You can read relevant cases at the MRSC website. You should probably call an attorney.

Answer Applies to: Washington

Replied: 11/11/2011

Counard & Heilmann Law Office | Michael Heilmann

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.

Answer Applies to: Michigan

Replied: 11/11/2011

Law Office of Jared Altman | Jared Altman

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.

Answer Applies to: New York

Replied: 11/11/2011

Attorney & Counselor at Law | John Hugger

You certainly may have a cause or causes of action. With any subdivision of the state unless you send a registered letter or letters to each responsible governmental entity within 180 days you lose your rights. Consult with an attorney.

Answer Applies to: Colorado

Replied: 11/11/2011