Is prison responsible for lasting conditions resulting from my fiance having a mini stroke while incarcerated. No one was notified, nor was he informed. But they did monitor his blood pressure frequently. This is not the norm there. I believe they knew

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Is prison responsible for lasting conditions resulting from my fiance having a mini stroke while incarcerated. No one was notified, nor was he informed. But they did monitor his blood pressure frequently. This is not the norm there. I believe they knew

My fiance was incarcerated for 39 days due to a P.V.
During his time there it has been confirmed by his
doctor that he had a mini stroke. No one was notified
in regards to this nor was he told. During the first week
in there he went through serious withdrawal from
medication that was prescribed Percocet to him by
his doctor. They would not allow him to have. My
fiance feels it was during it happen during this time.
He did mention that they were always watching his
blood pressure. This is not the norm for them. I feel
they knew something and are keeping it hush, hush
for legal reasons. Please advise. If we have a case,
and were to start to make sure this doesn’t happen to
others.

Asked on November 13, 2016 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The prison *might* be responsible IF a known common effect or risk of Percocet withdrawal is a stroke AND the way they monitored or treated him while not letting him have it was negligent or careless. Prisons have a legitimate interest in keeping Percoset out of the prison population; therefore, merely denying him medication by itself would not make them liable. There have to be a known risk which they then disregarded and/or treated inadequately to potentially make them liable. On the other hand, if a stroke is not a common or known side effect, or if that is a risk but they monitored, etc. appropriately, they did nothing wrong and would not seem to be at fault.


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