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How can an inmate sue for medical malpractice and medical negligence? (with picture evidence)

Rohnert Park, CA |

My boyfriend, who is incarcerated, broke his finger very badly and had to be taken to go see a doctor. The doctor operated on his finger and put a plate in it. After 3 weeks they took the cast off and he saw : 1) that the finger healed crooked and twisted to the side , 2) the finger could no longer bend, and 3) they left an unusually large surgical scar on his finger.
He questioned the doctor on why his finger was messed and the doctor told him that there was nothing else he could do about it, therefore he went to see another doctor. This new doctor did reconstructive surgery on his finger, he operated and took the plate that the first doctor put in. A few days after the surgery , his bandages fell off and he saw that the doctor left the incision wide open and did not stitch it back up.

Attorney Answers 5

Posted

Sound like a tough case and may depend on how bad the break was. Hand case are difficult and it is unclear whether this would have to be filed as a 1983 action ( civil rights case ) since your boyfriend is in custody or whether it would be a malpractice case. Either way, if you think he received poor medical care, you should discuss with a local malpractice attorney who can order the records and investigate.

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5 comments

Asker

Posted

The injury itself wasnt that bad, however the malpractice made it worse and the incision being left open caused severe infection and excruciating pain. Also the doctor did not stitch his finger up but told him he did and when the bandages fell off exposing raw flesh to the bone is when he found out he had lied.

Asker

Posted

In case he has to file a lawsuit under the 1983 action, in your expertise, how much in compensation damages should he ask the court for?

Josh P Tolin

Josh P Tolin

Posted

I usually asked for damages that " are fair and reasonable". I don't like asking for a specific amount until I can ascertain what the extent and nature of the damages, how strong the liability is, and a host of other factors that I don't know when I file suit. Some doctors make good witnesses and others are poor witnesses. That is why you need a local attorney to investigate. He or she is in the best position to know what the case is worth. Also, even though it should not matter, depending on the nature of your boyfriends conviction, a jury may or may not hold that against him when deciding a case.

Asker

Posted

Thank you very much for your useful advice, I will contact a local attorney as soon as possible to investigate everything.

Josh P Tolin

Josh P Tolin

Posted

Your welcome, and good luck.

Posted

I am not quite following the whole thing but you should have him consult with a local medical malpractice/civil rights attorney ASAP

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Posted

In addition to the info supplied by others, this would also be in the nature of a government claim case (assuming he was treated in the prison hospital) with a 6 month window to file the proper papers.

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Asker

Posted

He was escorted to a hospital outside of the prison where both of the malpractices occurred, however, the infection happened 3 days after he returned from the surgery back to prison.

Posted

More facts are needed, but call a local lawyer who handles civil rights & malpractice cases

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Posted

He/she has to file a claim as soon as possible.

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