I had Lyme disease an was only done with half my medicine when I was incarcerated. I told the jail doctors an informed that I needed it. They would not give it to me now I habe chronic Lyme disease an pain. Do I habe a lawsuit case???

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I had Lyme disease an was only done with half my medicine when I was incarcerated. I told the jail doctors an informed that I needed it. They would not give it to me now I habe chronic Lyme disease an pain. Do I habe a lawsuit case???

Ask details if there is a case

Asked on February 21, 2018 under Malpractice Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
If you are out of jail and are going to doctors, obtain your medical bills, medical reports and if applicable documentation of wage loss.
Your claim against the jail filed with the state of MA should include those items.  Be sure to follow all procedures the state has for filing a claim; especially the filing deadlines.  Otherwise, your claim may be dismissed and you may lose the right to file a lawsuit.
If you are out of jail and are going to doctors, compensation for the medical bills is straight reimbursement.  The medical reports document your treatment and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file your lawsuit for negligence naming the state, county, and jail as defendants.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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