If a state prisoner is erroneously prescribed a drug for migraine headaches and he then suffered a stroke, what are the options regarding a civil action?

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If a state prisoner is erroneously prescribed a drug for migraine headaches and he then suffered a stroke, what are the options regarding a civil action?

More specifically, does/should said prisoner file a medical malpractice suit and/or a 1983 Deliberate Indifference suit under the 8th Amendment? Also, do you know of any civil attorneys, not afraid of suing the state, that will take a civil case of the above nature pro bono?

Asked on March 27, 2012 under Malpractice Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you have a legal and factual basis for a medical malpractice action after being prescribed medication for a migraine headache and then suffering a stroke is best addressed to a personal injury attorney and a medical expert who will need to give an expert opinion as to whether your doctor failed to adhere to an acceptable standard of care as a treating physician.

I suggest that you consult with a personal injury attorney for starters concerning your question about a possible medical malpractice action.


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