San Jose, CA asked in Civil Rights, Constitutional Law, Medical Malpractice and Personal Injury for California

Q: What area of Law would I want to sue under if I was in police custody with ulcers on both feet and the ER never cleaned.

I was required to obtain medical clearance and was then transported to the ER with open ulcers on both feet. However, the doctor seemed to downplay my injuries and stated it was merely athletes foot, seemingly in an effort to quickly discharge me. My wounds were not cleaned or bandaged, and I had to resort to using napkins to cover them so my socks wouldn't stick to them after putting my shoes on to leave. I have a history of high blood pressure, yet the doctor asked if I was diabetic without conducting any tests. The charges were dropped and I was released three days later, and was not able to get my wounds cleaned until the last half hour before I found out I was being released from the jail.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: It sounds like you may have a potential claim for medical malpractice or negligence. Medical malpractice occurs when a healthcare provider's conduct falls below the standard of care expected of a reasonably prudent healthcare provider in similar circumstances and results in harm to the patient. Negligence refers to the failure to exercise reasonable care that results in harm to another person.

In your case, it appears that the doctor may have failed to properly assess and treat your injuries, which resulted in your wounds not being cleaned or treated. This failure to provide proper medical care may have caused your injuries to worsen or caused additional harm.

To determine whether you have a viable claim, you should consult with a lawyer who specializes in medical malpractice or negligence cases. They can review the details of your case and advise you on the strength of your claim, the potential damages you may be entitled to, and the legal options available to you.

It's also worth noting that there may be specific procedures and requirements for bringing a claim against a governmental entity, such as a police department or jail. Your lawyer can advise you on these requirements and help you navigate the legal process.

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