A question of liability?

[RonE70]

What is the name of your state (only U.S. law)? Washington
I slipped and fell and broke my leg five days before I was to be released from prison. They knew my leg was broke due xray that was taken at the prison. I was not taken to the hospital to get my leg fixed, they just released me on my release date. Due to delay of getting to the hospital, my leg had to be rebroke and reset. Is there liability on the prisons part?

 

[quincy]

What is the name of your state (only U.S. law)? Washington
I slipped and fell and broke my leg five days before I was to be released from prison. They knew my leg was broke due xray that was taken at the prison. I was not taken to the hospital to get my leg fixed, they just released me on my release date. Due to delay of getting to the hospital, my leg had to be rebroke and reset. Is there liability on the prisons part?

Possibly. On what did you slip?

 

[quincy]

Hmm. I thought that was a simple question ...

If you decide to return to the forum, here is a link from the AELE Monthly Law Journal (2007), Law Enforcement Legal Center, on "Civil Liability for Inadequate Prisoner Medical Care:" http://www.aele.org/law/2007JBSEP/2007-09MLJ301.pdf

Because of the age of the publication, you may find some links are no longer working however the information provided is good and the cases are worth reviewing.

I suggest you consult with an attorney in your area for a review of the facts of your injury and what the prison did, and did not do, to meet your medical needs.

 

[drruthless]

Possibly. On what did you slip?

Soap...
It happens all the time..

..________________________
~ I'd rather have a good lawyer than a good friend.

 

[drruthless]

Hmm. I thought that was a simple question ...

If you decide to return to the forum, here is a link from the AELE Monthly Law Journal (2007), Law Enforcement Legal Center, on "Civil Liability for Inadequate Prisoner Medical Care:" http://www.aele.org/law/2007JBSEP/2007-09MLH301.pdf

Because of the age of the publication, you may find some links are no longer working however the information provided is good and the cases are worth reviewing.

I suggest you consult with an attorney in your area for a review of the facts of your injury and what the prison did, and did not do, to meet your medical needs.

It was...but remember the gene pool from which you draw upon....

 

[quincy]

... I'd rather have a good lawyer than a good friend.

It is best to have a good friend who is also a good lawyer.

I worked with prisoners several years ago while I was attending school. I found some of the prisoners I met to be more articulate and better-educated than some of the people I encountered on a regular basis outside prison. While stereotypes exist for a reason, I have learned better than to judge prisoners as a whole.

 

[RonE70]

I just got back on and saw your reply. Thanks for the link. Unfortunately it cannot be found. To answer your question I slipped on a ladder.

 

[quincy]

I just got back on and saw your reply. Thanks for the link. Unfortunately it cannot be found. To answer your question I slipped on a ladder.

I'm sorry, RonE70. You are right about the link. It is not working for me either because I wrote it down wrong. I will go back and correct it and here is the correct link, as well: http://www.aele.org/law/2007JBSEP/2007-09MLJ301.pdf

Or if that fails again, you can try this one instead, to the AELE main medical care page, but you will need to click on the first link in the list of links to access "Civil Liability for Inadequate Prisoner Medical Care:"
http://www.aele.org/law/Digests/jail77.html

You might want to look at Johnson v. Hamilton, No. 05-1453, 2006 US App Lexis 16767 (8th Cir), which has some facts similar to yours. It is accessible through the "Civil Liability" link.

Thank you for telling me how you slipped, by the way. When you were on the ladder, were you doing work for the prison at the time of the slip? Was the ladder in any way defective?

I am not at all sure this is going to make much difference - but to the attorney I recommend you see it might. Trying to show a prison was "deliberately indifferent" to your medical needs is not at all easy but there might be other avenues you can explore.

Good luck.