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 12 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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