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Protecting The Legal Interests Of Injured Hawaii Residents And Visitors Since 1973

Medical malpractice claim in another state filed from prison

When a person in Hawaii or another state is incarcerated, that person is still protected by law against unlawful personal injury. For instance, if an inmate needs medical care and is denied assistance, or some other negligence on the part of officials causes medical injury, then that inmate has a right to pursue justice in the matter. A man in another state filed a medical malpractice claim after officials allegedly failed to allow him to get treatments prescribed by his doctor.

The man had undergone open heart surgery. His immune system was apparently compromised due to a lack of Oxycodone medication while he was in jail, leaving him at risk for a particular skin condition. The man said his doctor had been aware of the risk and had prescribed six weeks of ultraviolet radiation therapy to manage the condition.

Because the man failed to supply the court with expert medical testimony, an appeal he had filed in the Delaware Supreme Court was dismissed. Often, those filing such claims are met with many challenges during the legal process that are best addressed alongside experienced and aggressive representation. One of the most common ways a personal injury attorney approaches such a claim is to enlist the assistance of third party expert testimony to help substantiate the claim.

A medical expert may testify as to the severity of an injury, as well as probable cause. Whether behind bars in a Hawaii prison or a resident simply undergoing medical procedures at a local hospital, if an injury occurs due to substandard care, a medical malpractice lawyer can help a victim obtain justice. Often, successful results hinge upon skilled litigation.

Source: delawarestatenews.net, "Inmate's claim of medical malpractice by state prison personnel dismissed", Craig Anderson, Oct. 18, 2016

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