If I was not given proper medical attention while incarcerated and my baby died, canI sue for medical malpractice or wrongful death?
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If I was not given proper medical attention while incarcerated and my baby died, canI sue for medical malpractice or wrongful death?
I was incarnated at a jail and was denied medical attention for pregnancy during my stay. Shortly after being released I delivered at 24 weeks; my baby had died while I was incarnated. I feel had they gotten me timely medical attention it may have been prevented. I have had to endure unnecessary emotional trauma because state law requires me to bury the baby was over 20 weeks. Had the jail taken me I would of maybe only miscarried, which is less traumatic, avoiding the expenses and emotional damage. Should I speak with a personal injury attorney? I’m in Fort Wayne, IN.
Asked on August 25, 2010 under Malpractice Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You should definitely speak with a personal injury attorney. If you suffered a loss--the wrongful death of your baby--owing to the negligence or other improper actions of the prison, you may very well have a lawsuit; at the least, it is worth discussing in detail and confidence with a lawyer. Do not delay; there often is a short time limit, by law, for initiating or bringing a legal claim or lawsuit against the government or a government agency, so you do not want to be precluded from suing (if you do in fact have a case) simply because of the passage of time. You should see an attorney right away. Many, btw, will provide a free initial consultation and take cases like this on a contingency basis (lawyer is only paid if you are paid), in case cost is any issue. Please accept our sympathies for your loss.
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