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Am I entitled to compensatory damages and negligence against DeKalb County Jail?

Lithonia, GA |

When he was sent. to a yr in the county jail he informed them that he had keratoconus. They put him in population while he did his time literally with his eyes closed. Other inmates stole from him and fought him. Due to the contin. lights in DeKalb County they acknowledged that he had a vision problem he was transfrd to the medical floor (popltn) and he went from a 0 (2007) to a 10 (2013)according to Grady Hospital as a fall risk. They say the lights worsened his vision. He is no longer independent and his condition has worsened. DCJ agreed to have the surgery done with his private insur. while he was incarcerated to prevent this from happening they failed to do so now he no longer has insur. He has numerous grievances and medical request forms. When he was released they lost his property.

Attorney Answers 4

Posted

You need to clarify the facts as well as whether this pertains to you or someone else. Whoever was injured should consult with an experienced civil rights/personal injury attorney.

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Asker

Posted

This case pertains to my fiancé. He was just released August 12,2013. We have a lot of evidence in writing, witnesses, and medical records. I didn't have enough room to go into detail. If I could find a lawyer and they email I could specify more clearly. Looking for help.

Posted

A local civil rights lawyer in Lithonia can investigate

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Posted

Before you can consider taking any action, you must give what is called "ante litem" notice within the required time period. I don't know how long ago this occurred, and so I can't determine if there is even a case to pursue. You should contact a lawyer to make sure all requirements are met timely.

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Asker

Posted

This case pertains to my fiancé. He was just released August 12,2013. What type of lawyer should he consider? what is the statue of limitation?

Lauren Elizabeth Goodhart

Lauren Elizabeth Goodhart

Posted

You really need a medical malpractice attorney, which I happen to be, but ante litem notice must be given within 6 months of the date of the injury...not when he was released. You have a two year statute of limitations to file a medical malpractice claim or personal injury claim, but this will not matter if ante litem notice is not given timely because you are dealing with a government agency.

Posted

Tough to answer this one without more detail. Among other things, the case would be subject to different legal analysis depending on whether he was sentenced to serve more than one year, i.e. he was in State custody; or less than one year, i.e. he remained a County inmate. If he served all of his time in DeKalb Jail, I assume he was a county inmate. If so, individual jailers can only be held liable if they demonstrated deliberate indifference to the inmate's known medical needs. The deliberate indifference standard presents a very high bar, but it is not insurmountable with the right facts. Some of the facts you describe suggest that there may well be an actionable claim here under applicable Federal law. State law generally offers no recourse, although DeKalb County does use an independent company to provide medical services. It is sometimes possible to bring a medical malpractice action against such a company under state law. I would encourage you to speak with a qualified civil rights attorney as soon as possible. These cases are subject to strict time limits.

This response is provided for informational purposes only. It is not a consultation and is not legal advice. You should not act or fail to act in reliance upon the information provided in this response. This communication does not establish an attorney-client relationship between you and our Firm. You should always consult with an attorney prior to taking any action with regard to a potential legal problem.

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