What ca be done if the DOC didn’t provide proper medical care?

UPDATED: Oct 2, 2022

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What ca be done if the DOC didn’t provide proper medical care?

My brother is an inmate who went to prison with a broken finger and it’s now bent wrong because the DOC didn’t give him proper care. They admitted they made a mistake.

Asked on September 7, 2019 under Malpractice Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What can be done is that your brother can sue the DOC for some amount for "pain and suffering" due to the apparently permanent loss of motion or function. This would be a tricky suit: 1) you need to file a special notice of claim to sue the government even before you file the lawsuit, and there is a relatively short time to do this; and 2) he'd need medical expert testimony about the impact on him and how the care from the DOC was improper and caused the damage. If he wants to explore this option, he would be strongly advised to retain an attorney to help him.

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