Back on March 04, 2015 my son was involved in a very bad accident causing the deaths of two individuals. He had went out and had a drink at two different locations. He was also injured in the wreck and required emergency surgery on the bottom of his I believe left leg by ankle his bone was hanging out. well he had surgery and the surgeon told him he would probably have to have another surgery. Three days later smith co DPS were there arresting him they got a judge to sigh a warrant and then I guess talk DR. into releaseing him my his realse date wasn't for about 6 more days I ask DPS Trooper why so early they said the judge just sighned warrant and dr released him. He couldn't even walk when they took him my question is why didn;t they just put a guard outside his door. He didn't get to go to NONE of his follow up appointments with the surgeon that did surgery. His Dr. seen him one time when his hip starting hurting real bad I ask his Dr to call up there and make him an appointment and they wouldn't let her make one said he seen nurse there which was not true. They denied him medical treatment after him asking them. He couldn't even put on his own sock because of the pain
To succeed on a medical malpractice claim against the doctor you would need to have evidence that the doctor's alleged early release of your son caused him injury or damages. Medical malpractice claims are difficult and expensive claims to develop and most attorneys will only invest time, money and resources requires when the damages are very significant (e.g. millions in future lost earnings or future medical costs). While you can certainly speak to some medical malpractice lawyers in the Tyler area, to be candid with you, I think it unlikely any of them will tell you your son has a strong case or one that they will take on.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
Unless you can prove additional damages from the premature release there would be no basis to sue.
The prison does not have to allow a prisoner to see a doctor of his choice, even if that is the doctor who actually performed the surgery. It costs the state more money to transfer him to a hospital away from the prison. If they provided him with adequate follow-up care at the prison, he does not have a claim for negligence. Also keep in mind that even in the extremely unlikely event that your son did receive a settlement or judgment - his assets are all going to be subject to be seized in any future lawsuits brought on by the estates of his deceased victims.
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