Denied Medical Treatment While in Jail

[propainter]

My question involves an injury that occurred in the state of: CT

I am wondering if I have a case vs the state.

I was diagnosed with lung cancer last year, after chemotherapy, and radiation treatments, i had the cancer in remission. A scan in May of 2012 showed me clear of all cancer, and I only needed preventative radiation to prevent a recurrence. In June 2012 i was arressted on drug charges and incarcerated for the next 8 weeks. During this time, despite the jail having my medical records, (because i signed release forms the 3rd day i was there) They would not even bring me to their medical unti to see the doctor, even when i complained of chest pains and difficulty breathing. Released from jail by the court a few days ago, I today get scans done to find that the cancer has returned. This is the short version with not much detail. Thoughts?

[jk]

this is from the hip so take it more as personal belief than any real legal direction.


Jails/prisons do not generally perform preventative medicine. It is reactionary. You have a cut, you get a bandage. You have cancer, you get surgery or chemo or whatever is appropriate. No cancer; no treatment.

Even with that, I would at least speak with an attorney about the issue. Generally when dealing with the state or government in general, you have a very limited window to sue. If you fail to take the necessary steps to preserve your right to sue, you lose your right with no recourse.

[Mr. Knowitall]

A scan in May of 2012 showed me clear of all cancer, and I only needed preventative radiation to prevent a recurrence.

Which you apparently have received as scheduled?

In June 2012 i was arressted on drug charges and incarcerated for the next 8 weeks.

Oops.

During this time, despite the jail having my medical records, (because i signed release forms the 3rd day i was there) They would not even bring me to their medical unti to see the doctor, even when i complained of chest pains and difficulty breathing.

Are you suggesting that your cancer returned so aggressively during the eight weeks at issue that you went from "cancer free" to having tumors large enough to cause chest pain and interfere with your breathing? If not, the jail's not bringing you to their doctor when you had those complaints is irrelevant. You're describing the symptoms of an anxiety attack, something not particularly unusual in a jail setting.

When you saw your oncologist, you would have scheduled the preventive radiation treatments and follow-up screenings. Did you miss any while you were in jail?

What do you believe a jail doctor would have seen that would have led him to believe you had a serious medical problem?

Released from jail by the court a few days ago, I today get scans done to find that the cancer has returned. This is the short version with not much detail. Thoughts?

Should we infer that this was your first scheduled screening, three months after your May screening?

What does your oncologist say about whether the jail caused a delay in your screenings, and whether and how that might affect treatment and prognosis?

[propainter]

I did have scheduled preventative treatments, which I did indeed miss,my first appointment was scheduled for 4 days after I was arrested.
The jail doctor would have listened to my complaints of chest pains and difficulty breathing, and realized there was a problem, had they let me talk to him.
The screening I got was not even scheduled, I went to the ER, and the doctor there knew right away it was probably cancer related and ordered an immediete ct scan. I would have had scans during the time i was locked up had I been able to see my doctor, who I saw every week at least once before i was incarcerated.

What does your oncologist say about whether the jail caused a delay in your screenings, and whether and how that might affect treatment and prognosis?
I will find out tommorow

[free9man]

How many treatments did you actually miss?

[Mr. Knowitall]

Are you suggesting that your cancer returned so aggressively during the eight weeks at issue that you went from "cancer free" to having tumors large enough to cause chest pain and interfere with your breathing? If not, the jail's not bringing you to their doctor when you had those complaints is irrelevant. You're describing the symptoms of an anxiety attack, something not particularly unusual in a jail setting.

So we should take that as a "No, I'm no claiming that my chest pain or breathing difficulty had anything to do with the cancer"?

You claim you missed a preventive treatment four days after you were jailed for your drug crime. What effort did you make to get treatment at that point. No, I'm not asking about releasing your medical records or asking to see the doctor in the jail - I'm asking about what steps you took to get the treatment, then or rescheduled, whether and what assistance you obtained through your doctors (who you had plenty of time to contact by mail or through your lawyer or family) and what motions you brought before the court.

[propainter]

It absolutely had everything to do with the cancer. The doctor confirmed this yesterday.
I made every effort to get the treatments from jail, including having my lawyer contact them, and contact the jail medical. All medical appointments go thru the DOC as they have to transport you there in chains. When I was released at court, it was due to my medical condition. I was released on intensive supervised probation on house arrest with a ankle braclet. I forget what the motion my lawyer used was called but it was basically to get me released based on my medical condition, so I could see my doctors, because I was not getting the treatment I needed.
http://www.rep-am.com/articles/2012/...cal/659549.txt

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How many treatments did you actually miss?

The preventative treatments would have been 13 sessions. Missed Doctor appointments every week where i was being checked to make sure cancer was not returning, and no symptoms were returning etc

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And Yes, I went from Cancer free (at least on the scans) to having tumors large enough to cause chest pains and problems breathing

[free9man]

How many actual chemo/rad sessions did you miss? What tests was the doctor doing every week that would disclose any recurrence?

Lung cancer is an extremely aggressive cancer so it's possible it didn't return until a week or two before you were released. When in your incarceration did you begin having the pains?

[Mr. Knowitall]

Well, there's not much point in continuing this painful process of trying to drag the relevant facts out of you, and you haven't even seen your oncologist yet. The possibility of liability turns on a level of information you're not interested in sharing.

If your lawyer handles this type of case, have him analyze it for you. If not, ask him to refer you to a civil rights lawyer.

[free9man]

Peddling smack? Wanted in TX?