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  1. #1
    Join Date
    Feb 2007
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    6

    Default Injury Untreated While In Jail

    I am writing for my friend. Just over a year ago my friend got hooked on pain pills and, because of different circumstances, was arrested and eventually sent to prison. On her initial arrest, when she was put in jail, the officer did something causing my friend to hit the floor injuring her hip. (I don't know if it was provoked I wasn't there.) While she was in jail, they refused her treatment for her injury. She was sent to prison where they refused her treatment for her injury. Now the prison has told her her hip has been broken and will have to be re-broken to be fixed properly. The break has grown back improperly and her hip is now deformed. Is there anything she can do about this on a legal standpoint? She is due to get out in April and was wondering what, if anything, can be done. This happened in Ohio.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Injury Untreated While In Jail

    She would have to have some evidence that her injury was in fact caused during her fall at the jail. That can be tricky, as it is not uncommon for people who wish to sue the police to claim to be injured in a jail when in fact they were injured prior to arrest. The fact that she was a pain pill addict complicates the picture a bit, as the police may have been skeptical that her demand for a doctor was truly about an injury as opposed to her wanting to get some more pain pills.

    You also don't indicate a timeframe, so there may be a statute of limitations problem. Also, it obviously is not the case that she has been denied medical treatment in prison, as she is still in prison and is receiving medical treatment. Further, it isn't clear what damages she has, beyond having to undergo surgery to repair the fracture, whether she would hav required surgery to repair the fracture if initially given appropriate treatment, and how the delay might affect her long-term recovery.

    I don't want to sound like I'm minimizing your friend's plight, and denial of proper medical care can be a real issue in our nation's jails and prisons. Realistically, your friend needs to get a consultation with a civil rights lawyer in Ohio, and have her case evaluated in detail.

  3. #3
    Join Date
    Feb 2007
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    6

    Default Re: Injury Untreated While In Jail

    The time frame I'm not too sure of. I believe it was a year just before Thanksgiving of last year. I realize it was because of the pill addiction that they refused treatment. Knowing how badly she was on a self destruction route during that time, even I didn't believe her when she told me she was in pain and needed something. I do know it did happen in jail, I don't know how it happened. They let her out for 36 hours before she went to prison so she could spent some time with her son. (I think the judge was trying to make a point with her when he did this.) She showed me the bruise on her hip. It was horrible looking, and she could hardly walk then.

    Anyhow, the initial injury happened sometime in November of 2005 but the prison didn't do anything about her hip at first. It was probably about 6 - 8 months later that they checked her hip because they saw a deformity. This is when they told her it had most likely been broken and had healed improperly.

  4. #4
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    Default Re: Injury Untreated While In Jail

    If she was out of jail for three days and showing off the bruise on her hip, what's her excuse for not seeking medical help at that time?

  5. #5
    Join Date
    Jul 2006
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    5,437

    Default Re: Injury Untreated While In Jail

    Quote Quoting Mr. Knowitall
    View Post
    If she was out of jail for three days and showing off the bruise on her hip, what's her excuse for not seeking medical help at that time?
    That's the last we will hear from the poster!

  6. #6
    Join Date
    Feb 2007
    Posts
    6

    Default Re: Injury Untreated While In Jail

    No, it isn't the last time you'll hear from this poster! I don't know why she didn't go to the hospital. You would have to ask her ex-husband about that. She stayed at his house when she was out for those days. She may have been released to him because of his working at a juvenile correctional facility and the courts knowing him through his work. With her history of pain pill abuse, maybe he didn't believe her either. I don't know the reason why. By the way, 3 days is equal to 72 hours. I believe I said 36 hours which is equal to 1 1/2 days.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Injury Untreated While In Jail

    Quote Quoting indigo
    View Post
    No, it isn't the last time you'll hear from this poster! I don't know why she didn't go to the hospital. You would have to ask her ex-husband about that. She stayed at his house when she was out for those days. She may have been released to him because of his working at a juvenile correctional facility and the courts knowing him through his work. With her history of pain pill abuse, maybe he didn't believe her either. I don't know the reason why. By the way, 3 days is equal to 72 hours. I believe I said 36 hours which is equal to 1 1/2 days.
    What is missing is an actual record of her fall. Without that she has nothing to verify the possibility that was the actual cause of the hip injury. This is not an uncommon incident in our prisons (obviously not a good thing) but they are not equipped nor staffed to handle medical follow-up everytime an incacerated person complains of a fall.

    You realize chains are used to encourage "behavior modification" in prisons? It's a good reason to avoid going to jail!

  8. #8
    Join Date
    Jan 2007
    Location
    Ontario, Canada
    Posts
    122

    Default Re: Injury Untreated While In Jail

    I think that is where her problem will ultimately lay. She had time when she was out to seek medical attention and for whatever reason, she failed to. That would have been the point that she could have had the injury documented and may have had a case against the police service, if they in fact contributed to her injury. Because of her failure to do so, she will probably not have any case.

    All the best!

    Jay

  9. #9
    Join Date
    Feb 2007
    Posts
    6

    Default Re: Injury Untreated While In Jail

    Thank you, both, for being professional about the way you answered my posts. It is very much appreciated. Now that you have explained about the repercussions of NOT going to the hospital when she was released for the day and a half, I will be able to give her the explanation next time she calls me.

    When I first wrote a post on this board, I truely expected answers that would be beneficial to my queries. I did not expect to read answers that were meant to belittle, or demean, my intelligence. I may be ignorant when it comes to criminal law but ignorance can be overcome. So can nasty attitudes, if the people who have them choose to make themselves better.

    Thank you both again for your help.

  10. #10
    Join Date
    Sep 2005
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    98,846

    Default Re: Injury Untreated While In Jail

    You got one sarcastic comment, in passing, from seniorjudge... and you carry on like this?

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