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General Health Care Prison Health Care.. Medical, medications and all that go with it related to health care in the prison system...

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  #1  
Old 02-19-2019, 10:59 AM
mittenz90 mittenz90 is offline
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Question Medical malpractice

My grandson was mis-diagnosed recently, now diagnosed (non-life threatening but painful) was told he had an outside dr. appointment. Never happened, still getting antibiotics, he has been mis-diagnosed twice now & not been seen by any doctors. He is filing grievances and writing letters to state hub. Should I contact medical malpractice attorney or pro-bono? anyone else in this situation please advise. thank you
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Old 02-19-2019, 11:16 AM
priceam priceam is offline
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If he hasn't ever seen a doctor how was he mis-diagnosed, who would you sue, and how is he getting antibiotics?
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Old 02-19-2019, 11:38 AM
mittenz90 mittenz90 is offline
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[quote=priceam;7765031]If he hasn't ever seen a doctor how was he mis-He has been seen by nurses each time with no physical exam...he is getting antibiotics thru sick call, probably dr would have to prescribe??? was diagnosed with hemorrhoids for last 3 months, treated for that. then physically examined by female nurse with CO in the room. Told nilepile(sp?) cyst. given antibiotics at that time. a few days later, told it was a sebaceous cyst, (large in size) would see an outside dr today. I will check to make sure no dr was involved at prison
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Old 02-19-2019, 11:48 AM
priceam priceam is offline
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Sorry, I was a thinking your son was on the outside. Getting an attorney to touch a medical malpractice with an inmate is going to be near impossible.

I am thinking you mean Pilonidal cyst. A pilonidal cyst and a sebaceous cyst are very similar. I don't think that would constitute malpractice. To completely get rid of a pilonidal cyst he would have to have it surgically removed.
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Old 02-19-2019, 11:54 AM
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Ne Plach’ Ne Plach’ is offline
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Malpractice when it comes to misdiagnosis is a little tricky. In order for a case to go forward, the misdiagnosis must have resulted in a delay of treatment that negatively affected the condition of the patient. If the patient’s condition has been stable and non - life threatening, even after misdiagnoses, it may not be an exceptionally strong case.

The other point that needs to be proven is that medical staff at the prison acted out of negligence or against the typical medical standards applied for similar cases.

We know prison health care isn’t the best but they seemed to follow procedures that led to similar diagnoses, thus they used standard screening method. He is receiving antibiotics. And lastly, he will be sent to see an outside doctor.

It may not feel right and you are upset but those that represent medical professionals in a malpractice case, especially in the prison system, where they hear „ malpractice ! ” calls a lot, would have many angles to argue that it is not the case.
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Old 02-23-2019, 03:57 PM
jadah jadah is offline
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Another pillar of medical malpractice is the damage portion. What are your son's damages from this misdiagnosis? Lawyers run a business. Malpractice has to be worth their time and bank account. If their potential recovery is small, (most of the time they claim 40 - 50 % of the return), they aren't interested.
In addition, in the prison system, is medical malpractice lends itself to a state civil claim as well as a federal civil rights claim.

Defending Correctional Healthcare Providers: The Intersection Of Malpractice And Civil Rights
Posted by: USLAW on November 15, 2017 in Healthcare law, United States of America

Incarceration is big business in the United States, with costs to taxpayers estimated at over $80 billion dollars per year for the estimated 2.2 million individuals in custody. From county jails to state prisons, correctional healthcare providers are in the news daily, from questions and concerns regarding the expenses of jail and prison healthcare contracts to inmates alleging indifference to their medical needs or substandard care by local, state, and federal employees or governmental contract providers.
The rest of the article is here
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