What to do if my father was in jail awaiting trial for a crime he is innocent on and while there he suffered a stroke which went untreated for more than 5 days?

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What to do if my father was in jail awaiting trial for a crime he is innocent on and while there he suffered a stroke which went untreated for more than 5 days?

My dad is very aware of what to do in the event of sudden stroke symptoms, he is 73 years old and loves life. As soon as he noticed the symptoms he told medical nurse that he needed to go to the county hospital right away because he was having a stroke. They told him he was just having cabin fever and go rest (he had been awaiting trial for 6 months at this point). He kept telling them to take him to hospital but they took some tests there instead. Then 5 days later he was diagnosed with having a stroke. we want compensation. Who do we sue and do you know what type of attorney?

Asked on March 8, 2013 under Malpractice Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your dad would sue the jail for negligence and if this is a state facility would also name the state as a defendant in the lawsuit.  If the jail is a county facility, also name the county as a defendant.

Negligence is the failure to exercise due care (that degree of care that a reasonable jail would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your dad's damages (the amount of monetary compensation he is seeking in his lawsuit) would be for the medical bills and pain and suffering.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is determined by the medical reports which will document the nature and extent of his injury.

If the case is NOT settled with the defendants' insurance carriers, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or your dad will lose his rights forever in the matter.

It would be advisable to speak with a personal injury attorney.

 

 


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