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

Asked about 1 year ago - 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)

  1. Richard Carl Binder

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    Contributor Level 12

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    Answered . 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.

  2. Ajay Mohan Kwatra

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    Contributor Level 15

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

  3. David Ian Schoen

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    Contributor Level 20

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

  4. Josh P Tolin

    Contributor Level 19

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    Lawyers agree

    1

    Answered . 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.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

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