Legal Question in Civil Rights Law in Nevada

Scenario: A person gets a shoulder injury while in prison(rotator cuff and scapula tear, bone spurs in clavicle bone)that develops into a winged scapula (shoulder blade wings out the back), that could have been avoided if given proper physical therapy or treated with surgery sooner. The inmate goes 8 months with no adequate treatment to relieve his pain. He gets released on parole and finally gets to see a doctor, who says he needs surgery. Then a prison audit discovers that doctors working for the prison were only working half the hours they should have been! One can speculate that if the doctors at the prison were working the hours they should have been, the inmate might have been treated more timely (adequately). Is this a 1983 lawsuit? What amendment right did this violate, if any?

Asked on 6/22/13, 12:05 pm

1 Answer from Attorneys

David Otto David Otto & Affiliates, PC

It has the potential of a 1983 lawsuit. The evidence of doctors overbilling and underworking could be evidence. What you must prove is that the Prison System - the State - the Dept. of Corrections, showed deliberate indifference to your medical needs.

You show that with copies of kites (requests for treatment - notices of your physical problem) you sent - most likely you don't have those and most likely they'll lie and say they don't either, but sometimes you get lucky and they will produce them.

If you can PROVE deliberate indifference, then you may have a chance of winning such a suit. But remember - the Cops - including those in the Prison System will willfully mislead and actually lie to the public, to you, to me, to the press and to the Courts. So, it's an uphill climb in this climate of corruption.

If you want to discuss your case further please call me at 702-419-1222.

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Answered on 6/23/13, 6:58 am

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