Q: Can my county dodge liability for inadequate medical care of inmates by outsourcing the care to a local hospital?
I am in a pro se lawsuit against my local county after a deputy broke my arm while I was incarcerated in the jail on a U. S. Marshal hold. I subsequently sued on several grounds including battery and inadequate medical care. Unlike most plaintiffs, I began my case with an expert witness report proving that my arm was broken on purpose, but lawyers didn't take the case citing fear of hypothetical defense experts. To back my medical care claim at summary judgment I retained the services of a board certified orthopedic surgeon in California. He said my care was worse than I thought. He said I should have been given an operation that would have resulted in my arm healing at a proper angle. I went into the lawsuit with the theory that the county screwed up by failing to take me back to the hospital for follow ups that should have resulted in a proper brace that should have helped my arm heal at a better angle with less pain. Now the county claims they are not liable because of outsourcing.
A: Not enough information is provided to be able to answer your specific question. In part, it has to be determined if the alleged acts were performed by the county or the outsourced operation and if there was outsourcing, then a review of the agreement between the county and the outsourced operation to see what was agreed upon would seem in order. I recommend that you continue to look for someone to represent you in your area. Good luck.
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