Q: Can a prison medical institution be sued for malpractice after delayed treatment for a jaw fracture?
My husband had two wisdom teeth extracted by the prison medical institution. After weeks of pain and swelling, the provider took an X-ray and realized his jaw was fractured. It took one month before he could receive treatment at an outside hospital. Now, his jaw is wired shut for 5 weeks. Can the prison medical institution be sued for malpractice in this situation?
A:
Yes you can.
Where the medical staff failed to meet the standard of care, there is a claim.
In order for such a case to be viable, the harm caused but be sufficient to warrant bringing a lawsuit. For example, if the failure to treat caused additional harm such as the jaw being permanently damaged.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I’m sorry to hear about his suffering and the delay in care.
You might have a claim for medical negligence because prisons owe inmates a duty to provide timely and adequate treatment. In California, when a state prison medical provider is involved, you must file a government tort claim within six months of the injury or when you discovered the harm. If it’s a federal prison, you would need to bring a claim under the Federal Tort Claims Act and follow its procedural rules. Government entities can assert defenses that are not available in private cases, including certain immunities and caps on damages.
These requirements can be complex and missing a deadline can bar your case entirely. You should gather all prison medical records and X-rays to support your claim.
It helps to speak with an attorney who is experienced with inmate medical malpractice and government claims. Acting quickly gives you time to preserve evidence and meet all procedural requirements.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
