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?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • 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?

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