Medical Supervision

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Medical Supervision

I was detained a few months ago and while being taken into custody was having a stroke. I was taken to the ICU for 3 days and then sent to the detention center. Should I have been supervised by medical personnel while at detention facility or is that standard practice upon release from ICU?

Asked on May 31, 2018 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue isn't really what "should" have been done--the issue is, were you injured due to the failure to take some action to protect your health. Civil law (e.g. lawsuits) is designed to compensate people for harm done to them or costs incurred by them due to another's wrongful or careless (negligent) actions. If you suffered harm due to not being supervised by medical personnel after your stroke, you may be able to sue for your injuries, since as a general matter, a person who suffers a major medical event (e.g. stroke) should be under medical supervision or care afterwards, and the failure to do so could therefore be negligent (unreasonably careless). However, if--as we hope--you suffered no further injury or detriment due to the lack of supervision, there is no point in legal action, since without harm to compensate you for, you would not be entitled to any compensation; no harm equals no compensation..


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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