Skip to main content

Do I have a case to sue for medical neglect- or civil rights case for failure to take me to the hospital for treatment

Atlanta, GA |

Lack of medical care in a roll over car acident. Driving home late on dark road. I overcorrected steering wheel to avoid deer that darted cross the road. Rollover totaled van I was driving. I was knocked out for several hours. According to police report they acknowldge car rollover. I was not properly evaluated. Police assumed DUI and said I had slured speech and I was on prescription drugs! THIS IS NOT TRUE. As written in police report.- 1st reponder (fire dept) "evaluated " and put me to sit on the curb. I had no other treatment given and I was taken to Jail. After bonding out by wife, she took me to hospital (13 hrs later) due to extreme pain- I could not move- Hospital admitted me immediately. RESULT- I broke neck in 2 places head injury, broken ribs, contusion glass in body

+ Read More

Attorney answers 4


Unlikely, but retain a local DUI lawyer to defend your charges.

Only 29% Contingency Fee! Phone: 215-510-6755


This is not exactly a "medical malpractice" situation. You more likely have a claim against the local police and/or government operating the jail, for failing to get you the treatment you needed. The big question is whether you had any lasting or worsened injury due to the delay.

DISCLAIMER: Thomas W. Pleasant is licensed to practice law in the states of North Carolina, Tennessee, and Georgia. This answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


I would contact a local DUI lawyer to investigate and advise you of your rights as Mr. Lassen also recommended.

Call for a free consultation at 727-937-1400 or visit us on the Web at


A suit requires you to show that someone else did something wrong and that it caused damage. The cops and medically-trained fire department responders will all say they did their job properly. You would need some expert witnesses to testify on your behalf that they did not. These witnesses would be expensive if you could find them at all.

As to damage, your injuries (broke neck in 2 places, head injury, broken ribs, contusion, glass in body) would have been the same whether you went to the hospital immediately or 13 hours later. Unless you can show how the delay made your injuries worse, then what is the damage you want to sue for? "Delay" isn't damage.

Finally, these are all "government actors" meaning they probably have a degree of government immunity even if you were able to show that they did something wrong that injured you more.

So yes, forget the civil suit. Fight the DUI.

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at or (404) 835-7595. The initial consultation is always free for Avvo users.