Asked in Medical Malpractice for Tennessee

Q: Is it legal to be denied medical care just because you are incarcerated?

I went into labor while incarcerated and was in labor for a full day and repeatedly kept telling the guards at the jail who would not take me to the hospital. Finally I had no choice but to deliver my baby myself right there in the jail cell. Anything could have happened to me or my baby in that type of environment. Could this be considered medical malpractice?

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: The jail nurse should have assisted you when you notified the jailers of the birthing. But you probably have no damages, and this would be a Government Tort Liability Action which has alot of requirements and immunities. A few very experienced lawyers might see a cause of action, but i do not. It might be considered a Health Provider action under GTLA also, but again, what are your actual damages?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.