Galveston, TX asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas

Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishments, which has been interpreted to include deliberate indifference to a serious medical need of prisoners.

To pursue a legal case in this matter, you would generally need to show:

The existence of a serious medical need - In your boyfriend's case, it sounds like he suffered from a serious medical condition while incarcerated.

Deliberate indifference to that need by jail staff - You would need to prove that the jail staff knowingly disregarded the risk to your boyfriend's health by not sending him to the emergency room.

Here are some steps you can consider taking:

Document Everything - Write down everything you know about the incident, including dates, times, and any witnesses. Get a copy of the medical records from the jail, if possible.

Consult with an Attorney - Find an attorney who specializes in civil rights or personal injury law. They can help you understand whether you have a strong case, and guide you on the best way to proceed.

File a Complaint - If your attorney advises, you might need to file a formal complaint against the jail. It’s generally best to have an attorney assist you with this process to ensure that it is done correctly.

Legal Proceedings - Be prepared for a potentially long legal process. These cases can take time, especially when they involve governmental entities.

Evidence of Injury - You would need to have medical evidence of the injury and how it was caused due to the negligence of the jail authorities.

Confidentiality and Attorney-Client Privilege - Ensure to maintain confidentiality when speaking to your attorney and utilize the attorney-client privilege to protect sensitive information.

Remember, it's crucial to act promptly, as there may be strict deadlines for filing a legal claim in cases involving government entities. It’s generally recommended to consult with an attorney as soon as possible to preserve any potential legal rights.

Hope this helps and wishing you all the best in navigating this difficult situation.

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