Negligent medical care at Winnebago county jail IL.
3 attorney answers
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!
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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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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.
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