How do I file a prison medical malpractice lawsuit?

Asked over 1 year ago - Louisville, KY

Last November I received a phone call from my fathers lawyer saying that he was in the hospital. I heard nothing else from him until the middle of December when my father called and told me that the doctors had amputated his leg. He told me that he had been complaining about pain and swelling in his leg for days before it got to where he could not walk and was finally taken to a physician who was disrespectful to him and told him it was nothing more than a sprain. My father, who was a medic in the army for 10 years, told him that the swelling was to prominent to be a sprain, to which the physician laughed at him and told him that he was certain about it. 2 weeks later he was rushed to the hospital where they found out it was a blood infection and that his leg would have to be taken.

Attorney answers (5)

  1. Lee Tucker

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I would recommend speaking to a lawyer licensed in KY who has handled medical negligence claims. I am licensed in KY and work with Hans Poppe in Louisville, KY on cases together and his firm has handled many significant medical malpractice cases. Your father likely has at least one year to file a claim in a medical negligence case and possibly less than a year because it sounds like your father is in prison. From your post, it sounds like your father is in prison which will add another variable to the case in terms of deadlines to file a medical negligence claim against the KY State Prison System. I would reach out very soon so you do not get to close to the deadline to file a claim.

  2. Larry Alan Apfelbaum

    Contributor Level 13

    2

    Lawyers agree

    Answered . Medical malpractice cases are often very expensive and difficuolt to win. Losing a leg certainly is horrible but to have a viable claim you have to prove the the doctors violated the medical standard of care and if they had followed that standard your father's leg could have been saved.

    First you need to ask your father if he wants to pursue the possible claim becuse while he is alive it is is his claim, not yours. then would suggest ordering your father's medical records and having them reviewed by a medical malparactice attorney as oon as possible because these type of claims often have very strict time limits to file.

    I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and... more
  3. Joseph Jonathan Brophy

    Contributor Level 20

    2

    Lawyers agree

    Answered . If the amputation happened in December, your father may be facing a deadline to file a notice of claim. Talk to some medical malpractice lawyers in your state right away and find out what the specific time limits are so the courthouse door isn't closed on your father due to inaction. Don't wait to get records.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  4. Josh P Tolin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You need to find a medical negligence attorney in KY, if that is where the negligence occurred. Your question was how do you file a prison medical malpractice suit. First of all, unless you are an attorney, you can't file on behalf of your father. He needs to follow-up. SInce your father does have an attorney, he should be able to refer him or you to someone who he feels would do a good job for him. It is imperative you get to an attorney as soon as possible.

  5. Robert Bond

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I would suggest you start by finding a doctor who will say that in his medical opinion there is even a slight chance that a medical malpractice was committed... If you can't do it, I fount you will find an attorney who would be able to help... I always suggest to start with primary care provider who knows some relavent past history of your father...

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