Legal Question in Criminal Law in Texas

Do prisoners have medical records when they are attacked and die in prison?

My boyfriend went to prison.We had a child though our relationship. When he was almost going to be released from prison he was brutally attacked, from what I understand by one of the prison guards. He was rushed to the hospital where he was treated for multiple stab wound. He lay in a coma for 3 days. Then he was declared brain dead and the oxygen machines were removed. He died. I requested medical records from the hospital and I requested answers from the prison. I was told by the hospital that there were no records that could be released to me. The prison could not speak with me as well.If my boyfriend was killed in prison by one of the guard does he have any rights? Does my son have any rights to know what happened to his father? My son does not recieve any kind of state funds (such as social security) due to the lost of his father. If anybody has any info for me,please email me.


Asked on 10/12/99, 1:38 pm

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: Do prisoners have medical records when they are attacked and die in prison?

I read your post with interest. I handle these

sorts of cases in both California and Texas. Depending on the facts

your son may have a survivors action and his

estate has an excesive use of force claim

(called a 1983 claim).

The estate has a right to the medical records.

However as a death was involved you may well have

to begin an estate and bring suit to force the

release of the records.

In addition you should also be able to get copies

of the review boards determination regarding the

incident which caused the death, as well as

any other investigation that was done.

Finally, if you were his comman law wife you may

also have a claim.

I would love to talk to you. This type of case

is very hard but it is up our alley as we

represent inmates in both California and Texas

in excesive force and 1983 cases.

The work is done on a contingency and cost

you nothing unless we recover or settle with

the state.

You can call me at 512 392 5038 or email me

at [email protected].

Read more
Answered on 10/13/99, 10:42 pm


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