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 3 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..


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