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Is it possible to bring a medical malpractice claim against bad medical care from the county jail

Asked over 2 years ago - Littlerock, CA

Hi my name is Ashley and my boyfriend recently became incarcerated into the la county jailing system and now is an CDC inmate. During his incarceration he was hospitalized and under went major surgery to remove a stomach abscess. The med students who conducted the procedure took steps that has now left my boyfriend with a colostomy bag without the consideration to fix the mistake.....i am lost and my boyfriend emotionally distressed........

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Attorney answers (2)

Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

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You need to obtain for your boyfried an attorney who handles prisoners'' rights and civil rights cases. Denial of appropriiate medical care is a long standing issue with prisoners. Medical students should not have been conducting a surgery.

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Guy Scott DiMartino

Reputation Level 13

Answered over 2 years ago. Personal Injury Lawyer in Howey In The Hills, FL.

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I agree with Mr. Levy, you should probably contact an attorney that does prisoner's rights. A civil rights case for medical care is a constitutional claim under 42 USC 1983 and it is also called a deliberate indifference claim. The standard for these cases is higher than a traditional med mal case. You may also want to contact a med mal attorney.

I am not licensed in CA so this information is being provided for informational purposes only. Good luck.

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