Las Vegas, NV asked in Medical Malpractice, Civil Rights and Health Care Law for California

Q: My husband has a hernia that is tore and needs to have surgery but is in the county jail waiting to go to prison. What c

What can i do so he can get it fixed cus he cant go to prison with a ruptured hernia. He has gone to medical in jail but they say they will not fix it and he can hardly walk because its to painful. I need some help please. Thank you

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You can contact his attorney and ask him/her to help him get the medical treatment he needs. He may actually be better able to get that attention once he gets to the prison.

I also answered your question on the civil rights forum this way:

Yes. If you have been convicted of a crime and sentenced to prison to serve the term, having a hernia which needs surgical repair will not keep you out of prison. If surgery is or has been suggested, or the condition severe enough to warrant immediate surgery, you can apply to the sentencing judge to defer commencement of the imprisonment until after the surgery has been done. Under the 8th Amendment to the U.S. Constitution, you have the right to have your medical condition treated while in prison as well.

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