On April 15th 2011 my son requested new slippers. The jail neglected to provided him with new slippers and on May 6th 2011 he fell down the stairs because of the torn slippers. He heated up some water to make Ramón noodles and was on his way up the stairs to his cell to eat. Because of the torn slippers, my son fell down the stairs causing huge burns on his hand and wrist. He had blisters over 2 inches long on his hand and wrist.He had blisters over 2 inches long on his hand and wrist and broke his leg. His leg was causing him a lot of pain, was swelling up a long with turning black and blue. The nurse at the jail wasn’t concerned that his leg may be broken and sent my son away to walk on his broken leg with no pain medication or exrays.10 days later his toes were turning blackI called explained that I was concerned my sons leg was broken. He said the nurse at the jail looked at it and she didn’t think it was broken. I asked him how they would know without doing ex-rays? Even though my sons leg was swollen, turning black and blue and the fact that he was in a lot of pain, they ignored the fact that he may have a broken leg and refused to ex-ray his leg. My son was in so much pain, the nurse ignored him when he asked for pain medication. All she would give him was Tylenol. They neglected to properly treat my son. A week later, my son wakes up to his toes turning black, then they finally decide to do an ex-ray over a week later!. They found that he did in fact have a broken leg. I called Sheriff Meyers, the lieutenant lansford and the head nurse at the jail several times and they still refused to ex-ray his broken leg until his toes were turning black.
While it is indeed unfortunate what happened to your son, it is difficult to prove that any negligence occurred.
You claim that the torn slippers caused him to fall. While this may be the case, it will be difficult to prove that the jail or facility or entity managing the jail did anything wrong.
I do suggest that either you or your son contact local attorney who focuses on cases involving care of prisoners, as well as the medical treatment provided to them.
As always, if you have any questions about an Illinois or Chicago area Personal Injury or Workers' Compensation claim, I suggest you contact an attorney concentrating their practice in these areas, as I do.
This answer is provided for informational and advertising purpose and is intended not to be construed as legal advice. Further, please note that this practitioner is licensed in the State of Illinois and only answers questions involving incidents and the law of that jurisdiction.
This is a tough case, as negligence may be difficult to prove. Best bet is to get a free consultation with a prison abuse lawyer in your state to discuss.
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My answer is a bit different from others, perhaps because I am not an Illinois attorney. Obviously, Illinois law would control the issue of negligence. I do agree that it will be extremely difficult to prevail on your claim that the jail should have provided him with new slippers. On the other hand, jails are required to provide appropriate medical care to its inmates. Due to budget constraints, many jails hire nurses to diagnose inmates medical conditions. In most states, nurses are not allowed to provide diagnoses (only nursing assessments), an area left only to physicians. However, the jail might have a physician overseeing the nurse's work. Failure to perform x-rays on a leg that is broken may very well be malpractice. Also, if it can be determined that the jail has "deliberate indifference" to the health needs of its inmates, he might have a federal civil rights case. However, it normally must be more than deliberate indifference in this particular case. It usually has to be shown that this is a pattern or at least has happened other times. The best advice is to contact an Illinois attorney that is experience in medical malpractice as well as in federal civil rights cases. Most states have VERY short statutes of limitations when suing a branch of the state government. Thus, an attorney should be contacted immediately. Good luck in your pursuit of justice!
This information does not form an attorney-client relationship and is provided for general informational purposes only. You should seek the advice of an attorney to obtain the legal advice you needIf this information has been helpful, please indicate below. Mr. Ray is licensed to practice law in Oklahoma. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Ray strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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