Legal Question in Personal Injury in Georgia

If an inmate is injured while in prison and not properly treated, what can he do

I have a brother that's an inmate. He slipped and fell while walking out of the showers. When he fell he broke his hand. He had ask for medical assistance that day, but they said that he would have to wait until the next day. By the next day his hand had swolen up the size a softball. Once he reach the medical division of the prison, the nurses look and his hand and said he sprung it and they said that they couldn't do anything for him until 3 days. He told the nurse that he felt that his hand was broken, because he couldn't move it. After begging and pleading with the nurse they finally decided to give him an x-ray. His was broken, with the authorization of the med. doctor, all the did for him that day was wrapped his hand one of those soft-brown color wraps. Several days went by and finally they called him back to rewrap his hand, but still of yet his was not wrapped in a proper hard cask. What can we do to get his needed proper medical attention?


Asked on 5/13/02, 10:09 pm

1 Answer from Attorneys
Eugene Brooks Brooks Law Firm

Re: If an inmate is injured while in prison and not properly treated, what can h

Under Georgia law, the state must provide medical treatment. This doesn't have to be great treatment or even good treatment, but it must provide some treatment. Under federal law, the state cannot be "consciously indifferent" to a prisoners need for medical treatment. This means that the prison must know the prisoner needs treatment and must make a consciouse decision not to provide the treatment.

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Answered on 5/14/02, 8:06 am


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