Legal Question in Personal Injury in Texas

My nephew was recently taken in after running a red light and not having insurance. Well when he was in the jail cell he asked if he could use the phone and he was told he would have to give blood and then they would let him. Well it took an RN at the police station two tries to find his vein and draw 1-2 viels of blood. My nephew can't recall because less than 5 minutes later he passed out and hit the top back of his head on the concrete floor. He now as large bruises as a result and a headache. They had nurses brace his neck but kept him at the jail for several hours until he was released after being bonded. Is the police station liable for what happened and do they face potential lawsuit since they failed to take vitals prior to drawing blood and did not send him to the hospital. People around him said it sound like a watermelon hitting the ground. He remembers his heading hitting the ground and then knocking out. So he suffered a concussion and possibly cranial swelling. This happened last night but I am taking him to hospital right now to ensure there is nothing more and get an MRI to say the least. In case is the police liable for what happened? They failed to take vitals prior to drawing blood from him or give him the neccesary care for what happened. It is also bothersome that they did not attempt sending him to hospital to get checked or having any cranial scans done. Any advice would greatly be appreciated.


Asked on 12/30/09, 11:14 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

It sounds bad that your son was refused access to the telephone unless he gave blood.

I would check and see if your son is injured. If the doctors say he is fine now, you may not have much in the way of damages to recover and no reason to sue. However if there are substantial unrembursed medical bills you had to pay, you may have something in the way of damages.

Police Departments and Jails may be immune from suit for certain claims. You need to retain an attorney to help you with this.

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Answered on 1/09/10, 12:48 pm


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