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prisoner rights refused health care

1 Answers. Asked on Jan 30th, 2017 on Civil Rights - New York
More details to this question:
a prisoner was complaining about being in pain. was refused health care and told he was faking it. after months of this going on got a hold of lawyer and was given heath care only to find out he has stage 4 colon cancer
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Answered on Feb 01st, 2017 at 11:16 AM

You may have a very good case for money damages against the prison, for negligence and civil rights violations, due to the prison failing to allow the prisoner to seek treatment. if you can prove the delay in treatment negatively effected his prognosis- in other words, if it's now too late for treatment. I hope the attorney who forced the prison to finally let him get medical care filed a notice of claim against the prison (meaning against the state or county, depending on which government entity controls it). There is a 90 day deadline to file a notice of claim against a government entity, which runs from the time of the injury. Service of a notice of claim is a prerequisite to starting a lawsuit against any government entity, and once it's served, the lawsuit must be filed within one year and 90 days of the injury. 

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