CanI suethe police department for not properly tending to my medical needs after an accident?

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CanI suethe police department for not properly tending to my medical needs after an accident?

While driving drunk, I ran off the road and struck a tree, injuring myself and my passenger. Upon arrival of the police, my passenger was transported by ambulance to a nearby hospital. I was required to perform sobriety tests/breathalyzer and was then transported in the back of a police car to a farther hospital near the county sheriff’s department. My injuries were a torn spleen, broken nose and torn muscle in my hip. It seems as though, rather than performing sobriety tests, I should have been put in an ambulance and taken to the nearest hospital.

Asked on April 19, 2011 under Personal Injury, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It seems as though you may be correct.  If the police suspected that you were drunk they could have required a blood test once you got to the hospital.  But if you were injured you should ave been given medical attention before a field sobriety test.  What you have not indicated here is if the delay in the treatment caused you any harm or permanent damage.  That is something that you need to explore with an attorney.  Go and consult with someone on this matter.  The consultation should be free and you will get a better idea about the matter from someone who can ask you questions as well regarding your condition.


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